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1. Of the judgment of the court of first instance, the part against the plaintiff A, which exceeds the money ordered to be paid below.
Reasons
1. Facts of recognition;
A. The plaintiffs, the defendants, L, and M argued that Co-defendant F of the first instance trial is an investor who invested KRW 5 million, and the above F merely lent KRW 5 million to the defendant in the first instance trial, and there is no other evidence to acknowledge the plaintiffs' assertion. On July 2008, Seongbuk-gu Seoul apartment 602 (hereinafter "the apartment of this case") purchased the apartment of Seongbuk-gu Seoul (hereinafter "the apartment of this case") and concluded an agreement to sell the proceeds from resale in proportion to the investment shares (hereinafter "the investment agreement of this case").
B. Around July 24, 2008, the Defendant entered into a contract with E to sell the instant apartment with the purchase price of KRW 325 million (hereinafter “instant contract”). The Defendant agreed to pay the down payment of KRW 20 million at the time of the contract, and the first intermediate payment of KRW 50 million at the time of the contract. The second intermediate payment of KRW 40 million at the time of September 10, 2008 and the second intermediate payment of KRW 20 million at the time of September 25, 2008 and the remainder of KRW 215 million (if the principal of the loan is deducted with KRW 140 million, the actual payment shall be KRW 110 million), respectively, on October 15, 2008.
On the other hand, the buyer stated that he is the defendant and one other, and K entered into a contract on behalf of the seller E on behalf of the seller, and F arranged the sales contract of this case.
C. In accordance with the instant investment agreement, Plaintiff A invested KRW 72,50,000,000 (F account) on July 11, 2008, KRW 2500,000 (transfer to H account) on July 26, 2008, KRW 750,000 (transfer to K account) on September 1, 2008, KRW 150,000 (transfer to K account) on September 25, 2008, KRW 72,50,000,000 (transfer to K account) on September 25, 2008, and KRW 15,000,000,000,000,000 was thereafter refunded from the Defendant.
Plaintiff
B on September 26, 2008, in accordance with the instant investment agreement, paid KRW 30 million to the Defendant.
Meanwhile, according to the instant investment agreement, L is KRW 18.5 million from July 2008 to September 20 of the same year, and M is KRW 10 million from September 2008.