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(영문) 대구지방법원 2014.12.04 2013가합10035

약정금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 28, 201, the Plaintiff and the Plaintiff’s wife D entered into an investment contract under which Defendant C, Nonparty E, and F will receive KRW 650 million excluding the investment principal from Defendant C (hereinafter “instant investment contract”) to receive KRW 650 million from the Plaintiff’s wife as the actual owner of the instant land, by purchasing from I and J seven parcels of land, including G and H, permanent residence (hereinafter “instant land”). For this purpose, Defendant C shall invest in kind the instant land as the actual owner of the instant land, and the Plaintiff’s husband and wife shall invest KRW 250 million, but receive KRW 650 million excluding the investment principal, out of the total profits from sale (hereinafter “instant 1 investment contract”).

B. The Plaintiff couple, Defendant C, etc. established K for the instant business in accordance with the instant investment contract.

C. At the end of June, 2011, the Plaintiff’s husband and wife proposed investment in the instant project to Defendant B in order to prepare investment funds to implement the instant 1 investment contract, and around July 4, 201, the Plaintiff’s husband and wife and Defendant B invested KRW 125,00,000 between the Plaintiff’s husband and wife and the Defendant B, and the Plaintiff’s share transfer 40% of the Plaintiff’s shares owned by the Plaintiff’s husband and wife to the Defendant above (hereinafter “instant 2 investment contract”).

Defendant B invested KRW 92,823,730 to the Plaintiff’s husband and wife in accordance with the instant investment agreement. The Plaintiff’s husband and wife invested KRW 83,672,460 among the investments promised under the instant investment agreement with the said Defendant, which was paid by the said Defendant, and subsequently failed to prepare the investment money, the Defendants entered into an investment agreement with the effect that Defendant B directly invests KRW 250,000 in the instant business on July 27, 2011, and that KRW 83,672,460 paid by the Plaintiff’s husband and wife is recognized as having invested by Defendant B (hereinafter “instant investment agreement”). Defendant B fulfilled all the investment obligations under the instant investment agreement.

E. The Plaintiff on September 2, 201.