투자정산금 반환
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. The Plaintiffs and the Defendant’s investment agreement and the Defendant’s 400 million won loan claim 1) Plaintiff A, Plaintiff B’s agent F, and Defendant’s agent G agreed to have the profits accrued from the actual operation of credit business by investing their own money in proportion to the ratio of investment amount. 2) Pursuant to the above agreement, Plaintiff A invested KRW 70 million, Plaintiff B, and Defendant, respectively, and the Plaintiffs and the Defendant loaned KRW 400 million to D on August 25, 201.
3) On August 25, 201, D completed the registration of creation of a mortgage on each real estate indicated in the separate sheet (1) on August 25, 2011, with respect to the obligor D, the maximum debt amount of 30 million won, the establishment of a mortgage-holder B, the obligor D, the maximum debt amount of 300 million won, and the establishment of a mortgage on the part of the mortgagee B. Meanwhile, on August 25, 2011, F and G jointly issued a copy of a promissory note, which is the date of issuance, on August 25, 2011. < Amended by Presidential Decree No. 23548, Aug. 25, 2011>
B. On August 24, 2010, prior to the completion of the registration of creation of each of the above neighboring mortgages in the Plaintiff B and the Defendant, each real estate indicated in the separate sheet (1) on August 24, 2010 is subject to the maximum debt amount of KRW 924 million and Han Bank Co., Ltd. (hereinafter “one bank”).
2) On June 26, 2012, one bank filed an application for auction of the real estate in the Cheongju District Court E with respect to each real estate listed in the separate sheet (1) on the basis of each of the above collateral security interests. The above court rendered a decision to commence auction on June 26, 2012, and the auction procedure was in progress.
(hereinafter “instant auction procedure”). At the instant auction procedure, the first sale date was conducted on January 28, 2013, but was failed. Only the real estate listed in the separate sheet (1) Nos. 1 through 17, which was the second sale date, was sold to this Rule in total at KRW 790,80,000,000, and each real estate listed in the separate sheet (1) No. 18 through 22, which is the remaining objects of the auction (hereinafter “instant auction procedure”).