부당이득금
1. The plaintiff's appeal and the extended and added claims by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The Plaintiff is a company that aims at a housing construction business, etc., and the Defendant is a company that aims at a real estate consulting business, etc., and a limited partnership C (hereinafter “C”) is the parent company of the Plaintiff.
B. On December 21, 2012, the Plaintiff prepared a business investment agreement (Evidence A-1, its main contents are as follows; hereinafter “instant investment agreement”) with the Defendant to ensure the payment of KRW 2 billion in the said investment amount and KRW 1 billion in the final profit with respect to the new apartment construction project of the Gwangju Mine District D (hereinafter “instant project”). On the same day, a notary public prepared a notarized deed No. 2011 on December 21, 2012, stating that “the Plaintiff shall pay KRW 2 billion from the Defendant on January 7, 2014; and KRW 20 billion on a yearly basis; in the event that the Defendant’s investment is not carried out, the Plaintiff shall not raise an objection against the said investment amount; and on the same day, a notary public prepared a notarized deed No. 2011 on December 21, 2012 as a joint and several surety agreement (hereinafter “No. 3”).
Business Investment Agreement (Evidence A No. 1-1)
1. Amount of business investment: 2 billion won;
2. Fixed profit: one billion won.
3. Method of Repayment of Investment Funds and Profits - Amounting to two billion won of investment and one billion won of profit shall be guaranteed to be confirmed by the plaintiff to the defendant.
- In principle, the principal amount of KRW 2 billion shall be repaid within one year, but the sale rate of the above apartment shall be 60% in advance by consultation with the plaintiff and the defendant when the sale rate of the above apartment is 60%.
- The profit of one billion won shall be settled within three months after the completion of the apartment, and if there is a dividend of the profit prior to the completion of the apartment, it shall be distributed through mutual consultation.
-The apartment housing amounting to 2 billion won after the public announcement of invitation of invitation shall be provided as security to the defendant by the defendant with the full payment of the sale price.
(c).