정산금
1. The Defendants each amounting to KRW 125,00,000 to the Plaintiff, and Defendant B from September 2, 2016 to Defendant C, and Defendant C from August 6, 2016 to the Plaintiff.
1. Facts of recognition;
A. On February 9, 2015, the Plaintiff and the Defendants entered into joint business agreements with the Defendants on February 9, 2015, and the Plaintiff and the Defendants jointly purchased land D and E with the wife population D and E, and newly build and sell urban-type residential housing (hereinafter “instant business”).
In progress, the Plaintiff is raising the initial amount of KRW 1.2 billion (40%), Defendant C is KRW 90 million (30%), and Defendant B is an initial amount of KRW 900 million (30%). If an additional amount of investment is required in the course of the project, an agreement on the project to raise funds according to their respective investment rates (hereinafter “instant project agreement”).
(2) Article 7 of the instant business arrangements provides that “The investors shall determine all matters related to the progress of the instant business, including the contracts related to the instant business in promoting the business, the management and disbursement of funds, etc., by two or more investors, among three investors, and the decision shall be executed by the Plaintiff on the business convenience, and the Defendants shall agree to the decision.”
B. The Plaintiff and the Defendants agreed to enter into the contract of the Defendants, among the instant land, one complex (D) among the instant land is divided by the Defendants, and two complexes (E) are divided by the Defendants, and the Defendants agreed to contract the construction of the instant project to F Co., Ltd. (hereinafter “F”).
Accordingly, the Defendants entered into a contract with F on May 2015 (hereinafter “instant contract”). The Defendants entered into a contract with F on the contract amount of KRW 1,800,225,960 (including value-added tax) for the said G project (hereinafter “instant construction”).
C. The Plaintiff and the Defendants, including the payment of investment money, opened an investment account in their own name to pay investment money.
Since then, the Plaintiff managed the account of the Plaintiff and the Defendants pursuant to Article 7 of the instant business agreement, and the Plaintiff’s agent H and Defendant C dialogueed with the Plaintiff and Defendant C.