투자금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. There is no dispute over basic facts;
A. The defendant is a company that runs the real estate sale and lease business.
B. As to “D 163 square meters in Gyeongnam-do and four neighborhood living facilities (hereinafter “instant invested real estate”), the members of the Co., Ltd., on July 22, 2008, completed the registration of ownership transfer through a voluntary auction, and on March 11, 201, the Defendant (Jinju-si) completed the registration of ownership transfer through a voluntary auction, and on March 11, 201, completed the registration of ownership transfer on March 11, 201, and completed the registration of ownership transfer on March 320, 2000 with the maximum debt amount of 320,000,000,000 won, the debtor, the Defendant, and the Samcheon-do Fisheries Cooperatives established the registration of establishment of a mortgage.
B. The Plaintiff decided to invest KRW 30 million in the Defendant’s real estate investment business; KRW 25 million on April 4, 201; and KRW 5 million on April 26, 201, remitted to each Defendant’s account.
C. On October 25, 2011, the Plaintiff and the Defendant drafted a written agreement with the following (hereinafter “instant agreement”) regarding the said investment amount.
1.In doing business, operation and utilization in Co., Ltd. C, subject to full consultation with A and B, this consultation shall be prepared, subject to the investment of B.
(Provided, That it is not recognized that it is not deposited into the passbook of Party A)
2. Eul shall delegate to Gap all the powers such as business, and pay to Eul 10 per cent of the investment funds which Gap has consulted with Eul with sales proceeds.
3. The receipt of 30 million won (Won 30,000,000) from Eul's investment funds shall be made ; 4. Any agreement drawn up at the time of the implementation of commitments between Gap and Eul shall be considered to be terminated and null and void.
Other: D Investment at Jinju (Sales and Settlement)
D. On September 28, 2013, in-house directors E retired, in-house directors F retired, and around June 2014, the Defendant’s in-house directors G were detained. On December 29, 2014, the Defendant changed the trade name from “stock company C” to “stock company B” from “stock company.” The in-house director F retired and the in-house director G.