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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 20, 200, the Defendant entered into a joint business contract (hereinafter “instant contract”) with C (the representative director D; hereinafter “C”) on October 20, 200 with respect to the project to create B located in Gyeonggi-gun E (hereinafter “instant project”). Among them, the main contents of the instant contract are as follows:
① A. Investment of KRW 4 billion in the foregoing project; KRW 1.5 billion among them, the amount already put into an open media by succeeding to the amount that had already been put into the said project, shall be replaced by a down payment; KRW 1.0 billion out of the remainder, until October 30, 200; KRW 500 million until November 15, 200; and KRW 1 billion until December 10, 200.
Provided, That where C fails to raise the amount of investment, the defendant may raise the amount of investment, and the conditions for the amount of investment shall be determined through mutual consultation.
2. C's investment billion won shall be refunded as the top priority in consultation with each other at the time of making profits from the business in this case.
(3) The profits or expenses incurred in the creation of a cemetery shall be reverted to the defendant, and the profits obtained by deducting the investment expenses and expenses incurred in the creation of a cemetery from the defendant and C shall be distributed to the defendant and C at least 50 to 50.
B. However, C has invested a total of KRW 897,591,460 (a separate 1.5 billion) by October 27, 2001, and has not invested the remainder.
C. On November 21, 2002, C transferred KRW 2,344,894,470 to the Plaintiff, an employee, 250,000,000,000 to the Defendant, and KRW 320,000 to the Plaintiff, an employee, who is an employee, and KRW 350,000,00 to the employee-friendly G of D, and transferred KRW 62,60,00 to the employee-friendly G of D, and notified the Defendant of each assignment of claims on November 22, 202.
C On December 20, 2002, against the Defendant, the Seoul Eastern District Court filed a claim against the Defendant for payment of KRW 1,414,91,460 (i.e., KRW 2,397,591,460 (i.e., KRW 982,60,00 in total) of each assignment of claims against the Plaintiff, F, G, and H, and the Defendant’s objection is proceeding.