투자금 반환
1. Defendant C and D jointly and severally with the Plaintiff KRW 120,000,000 and Defendant C with respect thereto from October 2, 2008 to July 1, 2013.
On January 5, 2008, the Plaintiff entered into an investment agreement with Defendant C and D to receive investment profits of KRW 200 million, including the principal of investment, within three months from the date of approval for the establishment of the land (hereinafter referred to as “instant land”) in the development project (sale after the construction of a new factory, and below the “instant project”) of the land located in E in the official city (hereinafter referred to as “instant land”) promoted by Defendant C and Defendant C, and to receive investment profits of KRW 200,000,000,000,000,000 won, including the principal of investment,
(B) On the same day, the Plaintiff purchased the instant land from F, the owner of the instant land, and paid KRW 100 million as the down payment, and invested KRW 20 million in the instant project in accordance with the instant investment agreement by remitting KRW 20 million to Defendant C’s designated persons.
Defendant C obtained approval for factory construction of the instant land from an official city on July 1, 2008 by lending the name of Samho Construction Co., Ltd.
On the other hand, on July 29, 2009, Defendant D, which arranged investment in the instant project, prepared and delivered to the Plaintiff a letter to the effect that the Plaintiff will be responsible for the return of the principal and interest of the investment amount of KRW 120 million with respect to the instant investment agreement.
[Ground of recognition] A-4, 9, 11, 1-1, 1-4, 1-2, 1-2, 2-3, and 20 million won of the investment principal to the Plaintiff jointly and severally, Defendant C-D is liable to pay to the Plaintiff the amount of KRW 120 million of the investment principal to the Plaintiff within the limit of KRW 200 million of the investment profit to be returned under the investment agreement of this case (the amount of KRW 120 million for which the Plaintiff explicitly seeks a part of the investment profit within the limit of KRW 200 million), and the delay damages thereof (the amount of delay damages from October 2, 2008 for which three months have elapsed since the date of approval of factory construction, KRW 5% per annum of the Civil Act, and KRW 20% per annum of the Act
2. The Plaintiff’s judgment on the Plaintiff’s claim against Defendant B is the Defendant who arranged the instant investment in the business.