투자금반환
1. The defendant shall pay 100,000,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
On October 27, 2011, the Plaintiff agreed to invest KRW 100,000,000 as necessary to exchange “goods 1” owned by C with “goods 2” and to receive reimbursement of KRW 150,00,000 by April 30, 2012, and drafted a joint investment agreement with C as follows:
At the time, the defendant signed and sealed the agreement as the guarantor of the right to collateral security and the person conducting the business of exchanging the above real estate.
Joint Investment Agreement 1: D, E, F Land and Goods 2: Gyeonggi-si G and H land and buildings on both sides: Details of the agreement:
1. It shall be exchanged for goods with one million won and one hundred thousand won in cash;
2. After exchanging goods with two objects, the supplementary fund shall be repaid by the end of April 2012 by means of sale, lease, or encashing by other methods;
3. The nature of any supplementary money shall be considered as a joint investment amount with the owner of the goods in exchange for the goods two.
4. I agree to set up a right to collateral security equivalent to 200,000,000 won on the property1 in order to secure supplementary bonds.
According to the above joint investment agreement, the Plaintiff remitted to C a total of KRW 100,000,000 (i.e., KRW 5,000,000 on October 27, 2011) on October 28, 201, KRW 5,000,000 on October 28, 201, and received registration of the establishment of a mortgage on goods1.
On November 2, 2011, the Defendant drafted and delivered the following cash custody certificates (Evidence A 3-1) to the Plaintiff:
The daily amount of cash custody certificate: To receive on November 4, 201, 201, the said sum, and to secure the custody of the said sum, this certificate shall be prepared and signed and sealed.
In addition, the deposited amount shall be returned on April 30, 2012.
The custodian of the Plaintiff (person in charge of custody): The Plaintiff was not paid KRW 150,000,000 after April 30, 2012, while the Plaintiff was not paid KRW 150,000,000 to the Defendant, the collateral security holder is 30,000 in the case of the I real estate auction in Youngcheon District Court of Chuncheon, which had been proceeding with respect to the property 1.