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1. As to the Plaintiff A’s KRW 405,589,004 and KRW 400,000,000 among them, Defendant C Co., Ltd.’s 303,62.
Reasons
1. Basic facts
A. The Plaintiffs are those who invested in a new construction project (hereinafter “Gdong sales project”) or HI apartment sales project (hereinafter “I apartment sales project”) located in Daegu Suwon-gu, Daegu-gu, Daegu-gu (hereinafter “Gdong sales project”).
Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a sales agent of Gdong sales business and I apartment sales business established for the purpose of selling agency business on March 18, 2013, and is a sales agent of Gdong sales business [the operator of Gdong sales business shall be J Co., Ltd. (hereinafter “J”).
[.] K (former L) is a defendant company and a person who actually operates J.
B. (i) On July 20, 2015, Plaintiff A paid KRW 400 million to the Defendant Company, and on August 3, 2015, the Defendant Company prepared an investment contract with respect to Gdong sales business as follows:
Article 3 (Investment Amount and Investment Period) ① (Investment Amount and Investment Period) (1) Investment Amount of KRW 400 million (2) to July 20, 2015 to the first day of the first day from July 20, 2015 to the first day from the date of collection of principal or deposit, Article 4 (Investment Conditions) ① (The Defendant Company; hereinafter the same shall apply) shall guarantee that Party A (the Plaintiff; hereinafter the same shall apply) has an annual yield of 30% (30%).
(2) If a Party A is unable to implement the development of this land, Party A shall pay Party B 10% annual damages from the deposit date to the payment date of principal.
B. On June 7, 2013, Plaintiff B prepared a sales contract between the Defendant Company with respect to the I apartment sales business with the following terms:
The following contracts are entered into between the Defendant Company (hereinafter referred to as “A”) and the buyer (hereinafter referred to as “B”) for the general allotment in the I apartment house reconstruction project on the housing unsold in lots in Daegu Metropolitan City H in the sales contract for the housing unsold in lots in general.