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(영문) 대구고등법원 2021.01.13 2020나21252
투자금 반환 청구
Text

1. Of the judgment of the first instance, the part against the plaintiff falling under the following monetary payment order shall be revoked.

The defendant is against the plaintiff.

Reasons

Basic Facts

A. F Co., Ltd. (hereinafter “F”) is a corporation established for the purpose of real estate development business, etc., and the Defendant is the representative director of F (ju).

B. On April 21, 2017, the Plaintiff prepared an investment agreement (for the following purposes, evidence No. 1; hereinafter “instant agreement”) with the Defendant as follows, and transferred KRW 200,000,000 to the account under the name of the Defendant on the same day.

The Plaintiff (hereinafter referred to as “A”) and G (hereinafter referred to as “B”) shall enter into an investment agreement with respect to a multi-family housing unit sale project in the location under the Investment Agreement (hereinafter referred to as “B”) and shall faithfully implement the terms and conditions of the agreement set forth in this Agreement in good faith and sincerity.

In the location of land indication: The number of households of 2nd underground or 20th ground level from that of the 2nd underground level: Article 1 [Purpose] of the 846 household units (in the case of the purchase by units of cooperatives) and the agreement on investment is concluded in order to facilitate the project of multi-family housing located on the above land.

Article 2 [Contents of Agreement]

1. A shall make an investment (for the following purposes) in the fixed amount of 200,000 million won (20,000,000) to B, and Eul shall confirm that it was paid with the borrowed amount.

2. The profit for the investment amount of Party A shall be KRW 300,000,000,000 including the principal.

3.B shall redeem within six (6) months after the entry into a model in the sale business of the land above.

on April 21, 2017 - Plaintiff B - Name: G Representative Defendant Address: H Building I project number in Daegu-gu: J guarantor: K

C. On August 25, 2017, the Defendant prepared and ordered the loan certificate (No. 3) to E (the Plaintiff’s wife) (the Plaintiff’s wife). The content is that “The Defendant borrowed KRW 40,000,000 from E to November 20, 2017, and decided to pay the interest by November 20, 2017.”

(d)

On January 25, 2019, the Defendant remitted KRW 40,000,000 to the account under the name of E, and KRW 30,000,000 on April 26, 2019, respectively. On May 31, 2019, the Defendant remitted KRW 5,00,000 to the account under the name of the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 4, 6, and oral argument.

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