(영문) 창원지방법원 2017.04.27 2015가합35324

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(영문) 창원지방법원 2017.04.27 2015가합35324

약정금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2008, the Plaintiff and Defendant B agreed to promote the new construction of multi-household housing, and purchased the land F, G, and H in Sung-nam-gun F, G, and H to be used as the project site. On April 14, 2008, the Plaintiff and Defendant B completed the registration of ownership transfer in their respective four-fourth shares in the name of the Plaintiff, Defendant C, I, and J as the wife of the Plaintiff, Defendant B, and Defendant B.

B. Around July 2008, Defendant B proposed that the Plaintiff would purchase approximately 5,000 square meters of land around the above land and promote a new apartment construction project with approximately 400 households of apartment units (hereinafter “instant project”), and introduced E to investors. On September 18, 2008, the Plaintiff and Defendant B invested KRW 1 billion in the Plaintiff and Defendant B, but the Plaintiff and Defendant B did not participate in the progress of the instant project and did not participate in the instant project, and entered into an investment agreement with the Plaintiff and Defendant B to pay KRW 30% of the net profit along with the investment principal (hereinafter “instant investment agreement”).

C. On September 19, 2008, the Plaintiff and Defendant B established Defendant D Co., Ltd. (former trade name: K Co., Ltd.; hereinafter “Defendant Company”). The shares were 40% (13,200 shares), the Plaintiff 30% (9,900 shares), and Defendant B had 30% (9,90 shares) in the name of Defendant C.

E invested approximately KRW 500 million according to the instant investment agreement, and the Plaintiff and Defendant B purchased land near the instant project by means of the said investment funds and bank loans, etc., in the name of the Plaintiff from April 2009 to June 2009, with respect to L, M, N, andO land under the Plaintiff’s name. Of them, the registration of transfer of ownership is completed from April 17, 2009 to June 2009. As to P land and its ground buildings (hereinafter both the aforementioned land and the P land buildings collectively referred to as the “instant real estate”). The registration of transfer of ownership is completed in the name of Q&A, the Plaintiff’s wife.

E. However, E shall pay the remainder of the investment under the instant investment agreement.

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