조합원지위확인
1. The part concerning the claim for confirmation of membership among the lawsuit in this case is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Circumstances leading to the dispute of this case;
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company with the objective of real estate development business, etc. and is an executor of the instant business.
From July 20, 2010 to March 5, 2013, the Plaintiff was in office as the representative director of Defendant B, and Defendant C was in office as the representative director and in-house director of Defendant B on March 5, 2013, and Defendant D was in office as Defendant B’s inside director on March 5, 2013, respectively.
B. The Plaintiff, Defendant C, and D invested respectively in the instant business (hereinafter “the instant third party”), and the Plaintiff invested KRW 493,500,000 in the instant business from July 2010, and received return of KRW 388,50,000 out of the said investment amount on February 20, 2013.
On February 22, 2013, the Plaintiff’s investment agreement (No. 1; hereinafter “instant investment agreement”) with respect to the Defendants and the instant business as follows (hereinafter “instant building”).
In order to ensure the successful completion of the project, the instant investor and the Defendant B enter into an investment agreement as follows. 1. The instant investor are paid from Defendant B by appropriating 10% per annum for the project cost of the instant project and the project cost invested by each individual. 2.1. The cost of paragraph 1 shall be appropriated from April 19, 2013, the scheduled date for completion of the project after the completion of the project, from the date of disbursement of the project cost to April 19, 2013.
4. The completion date of the project referred to in paragraph (3) means the completion date of sale.
Provided, That even before that time, some dividends may be distributed and may be paid as a substitute according to the financial circumstances.
5. The costs under paragraph 1 shall be the amount payable where the investors of the instant case make efforts for the success of the project.