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(영문) 서울고등법원 2016.06.08 2016나2004516

투자 약정금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. D and E agreed to jointly implement the new construction project of 12 households, a multi-household, located in the Seoul Northern-gu Seoul Metropolitan Government F (hereinafter the above multi-household housing) around 2010, and D and E agreed to procure investment funds, and E decided to take charge of the introduction and technical management of the city corporation.

Around that time, the defendant will undertake the construction of the G loan construction project between D and E, and concluded a construction contract with the owner of G loan L on April 23, 2010, and began the construction after obtaining a construction permit on June 21, 2010.

B. D and E, around June 2010, agreed to receive the necessary funds from J and the Plaintiff for the G lending New Project.

Accordingly, on June 29, 2010, J and the Plaintiff made an investment of KRW 400 million between the Defendant and the Plaintiff to the Defendant, the Defendant returned the investment amount at the time of 180 days from the commencement of construction work, and in addition, paid KRW 50 million as investment gains. Of the business gains, 60% of the business gains, the Defendant and the Plaintiff entered into a construction work investment agreement (hereinafter “instant contract”) with the content that the Plaintiff and the J and the Plaintiff are to be distributed, and D and E signed and sealed as the observer of the instant contract.

The contract of this case was notarized in the new era of law firm on the same day, and the part relating to this case among the contract contents is as follows.

A construction contract agent for a building project: The defendant (hereinafter referred to as "A") investor:

1.J,

2. In the presence of the Plaintiff (hereinafter “B”) (hereinafter “B”) :

1. E,

2.(Purpose)The purpose of this Arrangement is to provide for matters necessary for the joint implementation of the works indicated in Section A and Section B by Section B.

Article 2 (Contents of Joint Project) The joint project to be implemented by “A” and “B” under this Agreement shall be as follows:

The contents of the project: A contract for construction works entered into between the defendant (contractor) and L (owner) was attached.