투자금등반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts below the facts of recognition may be acknowledged either in dispute between the parties or in combination with the statements set forth in Gap evidence Nos. 1, 2, 5, 10, 11, Eul evidence Nos. 1 and 2 (including spot numbers, if any; hereinafter the same shall apply) and the testimony of the witness C as a whole.
The plaintiff jointly contributed funds to the defendant, and at the successful bid for 230.6m2 and Emburine on the land of the Incheon Southern-gu, Incheon (hereinafter referred to as the "Moburian of this case"), proposed that the plaintiff distributed profits if any profit arises from the sale or lease of the above Mobur.
On July 2007, the Defendant invested KRW 70,00,000 in order to be awarded a successful bid, and the remainder of the successful bid price and the expenses for the installation of interior medicine are borne by the Plaintiff. The Defendant first entered into a partnership agreement with the Plaintiff to divide the remainder into the investment principal of the Plaintiff and the Defendant in the event that the remainder of the profit is generated by appropriating it to the investment principal of the Plaintiff and the Defendant. (hereinafter “instant partnership agreement”).
B. On July 19, 2007, the Defendant bid for the auction procedure of the instant franchise pursuant to the instant franchise agreement, and won bid for the said franchise was awarded at KRW 283,30,000, and paid in full the bid price on August 13, 2007, and completed the registration of ownership transfer for the instant franchise under the name of the Defendant.
C. After December 30, 2010, the Defendant sold the instant telecom to Nonparty F in KRW 700,000,000, and completed the registration of ownership transfer of the instant telecom in the name of F on February 10, 2011.
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion is as follows, and the Defendant is obligated to pay to the Plaintiff the sum of KRW 110,846,570, and KRW 144,762,656, and KRW 255,609,226 (= KRW 110,846,570, and KRW 144,762,656) of the Plaintiff’s profit distribution amount and KRW 145,074,00 among the Defendant’s damages for delay.
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