보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company established for the purpose of establishing and investing in a private equity fund under the Capital Markets Act and the Financial Investment Services and Capital Markets Act, and C is the representative director of the Plaintiff.
The defendant is a company established for the purpose of the D Complex Development Project.
B. On January 24, 2019, E agreed to conclude a sales contract for waste disposal facilities and industrial facility sites in the D Complex under the name of F, one of the representative directors, and to pay the sales price in the following manner:
The sale price shall be KRW 27,50,000,000,000 (27,509,400,000) of the sale price shall be KRW 2,750,940,00 of the purchase price (unit: the original payment: 2,750,940,000 24,758,758,460,000 of the purchase price for the first 10% of the total purchase price on February 25, 2019 8,252,820,820,000 of the first 16,50,505,640,000 of the total sale price on April 5, 2019; 30% of the second 13,754,700,000,750,750,940,940,000 of the purchase price for the outstanding land after appraisal and assessment of the total purchase price for the land;
C. E and C discussed an investment in waste disposal facilities, etc. in a complex, set the name of the legal entity (tentatively named) H Co., Ltd. (hereinafter referred to as “H”) to conduct the project in the future. On January 24, 2019, E was unable to pay the contract deposit at the time of the agreement for the payment of the purchase and sale contract as of January 24, 2019, and requested the Defendant to enter into the contract by changing the contractual party from F to H, and upon the Defendant’s request for the contract performance guarantee, C remitted KRW 500 million to the account of the said sales contract payment office with the Plaintiff’s
Accordingly, E and C concluded a new contract for sale in lots (hereinafter “instant contract for sale in lots”) with the Defendant under the name of H on February 28, 2019 (tentative name) and the content of the contract related to this case are as follows.
- The name of business: (tentatively named) H: the representative E, C- Site location.