투자금
The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 as well as the interest rate from January 18, 2020 to the day of full payment.
1. Basic facts
A. The Defendants, as married couple from around 2018, have promoted the business of constructing a multi-household housing on each fourth floor on the ground of Gangnam-si and three parcels and four parcels (hereinafter collectively collectively referred to as “instant site”). On June 1, 2019, the Defendants drafted a subcontract for the construction of aggregate with F and F in the name of Defendant C from June 15, 2019 to November 30, 2019: The construction cost is KRW 30 million: the payment of KRW 70 million after the third floor and the payment of KRW 70 million after the completion of the aggregate.”
B. On June 28, 2019, the Plaintiff received a written subcontract agreement from the Defendants, and entered into an investment contract with the Defendants (hereinafter “instant contract”) with the following terms and conditions.
1. The executor under the Investment Agreement of the instant site refers to “A” and the investor (Plaintiff) as “B”.
2. For two multi-household houses with reinforced concrete structure on the instant building site, Eul shall invest KRW 50 million on June 28, 2019 and KRW 50 million on July 3, 2019 to Gap.
3.The repayment of the principal of the invested amount shall be made by Gap after making a set-up loan, and the 100 million won profit shall be paid by Gap as the top priority in the sale of bank loans or loans after the approval of the above use of the building.
5. In the event of a change in the name of the site in this case and a change in the related persons of the owner, the investor test shall be notified and the written agreement shall be sealed.
It shall be replaced by transferring all debts to the changed person.
6.A shall not transfer or succeed to any rights or obligations arising from this Agreement to a third party without the prior consent of B and shall not apply when the approval of B is granted.
C. After that, from June 28, 2019 to July 8, 2019, the Plaintiff remitted total of KRW 104,976,356 to the Defendants or their designated persons pursuant to the instant contract. On the other hand, the Defendants are between Defendant B and G in the name of Defendant B on July 23, 2019.