부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a corporation with the purpose of building and selling neighborhood shops on the land for livelihood countermeasures supplied by the Korea Land and Housing Corporation in Namyang-si, Namyang-si. The Plaintiff was running the business of building and selling neighborhood living facilities with the total floor area of 1,497.6 square meters above the ground level on the ground level of 496.4 square meters in Namyang-si, Namyang-si (hereinafter “instant real estate”).
B. On September 18, 2014, the Plaintiff entered into an agreement with Defendant A to pay KRW 400,000,000 for investment to KRW 111,20,000 for investment proceeds in the name of an investment agreement, 90-day investment period, and to pay KRW 244,200,000, including KRW 133,000,000 for loan loan, at the expiration of the investment period, and if the Plaintiff is unable to return the investment and investment proceeds by the expiration of the investment period, the Plaintiff paid KRW 40,000 for an additional interest of KRW 40,00 for each month as a penalty. On the same day, Defendant A transferred KRW 400,000 to the Plaintiff.
C. On the same day, the Plaintiff entered into an agreement with Defendant B that KRW 500,000,000 of the investment fund shall be invested by setting the investment period of 90 days, and KRW 138,800,000 shall be paid at the time of the expiration of the investment period, with the investment proceeds of 90 days. If it is impossible to refund the investment fund and the investment proceeds by the expiration of the investment period, the Plaintiff shall pay an additional interest of KRW 4% per month as a penalty. On the same day, Defendant B remitted the Plaintiff KRW 500,000 to the same day.
Pursuant to each of the above agreements (hereinafter “each of the instant agreements”), the Plaintiff paid KRW 684,200,000 in total to Defendant A from November 21, 2014 to July 10, 2015, and KRW 678,80,000 in total from December 30, 2014 to July 10, 2015 to Defendant B, respectively.
(40,000,000 of the above money was paid as penalty for penalty for penalty for penalty for penalty for penalty for penalty for penalty for penalty for penalty for negligence).