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Reasons
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(영문) 광주고등법원 2020.05.13 2019나24857
손해배상(기)
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1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. Basic facts

A. The Defendant Company is a company established for the purpose of real estate consulting business, and the Defendant C is a representative director of the Defendant Company, who is a shareholder of 35,000 shares issued by the Defendant Company.

B. The Plaintiff invested the total amount of KRW 200,000,000 on November 15, 2016, and the total amount of KRW 400,000,000 on January 13, 2017, in the new construction project of the Dong-gu Seoul Special Metropolitan City D Officetel (hereinafter “instant officetel”), implemented by the Defendant Company (hereinafter “instant business”). As to this, on April 28, 2017, the Plaintiff written an investment agreement with the Defendants (hereinafter “instant first investment agreement”) and the details as follows.

Investment Agreement A: Defendant Company B: The Plaintiff

1.B shall have twenty percent of the shares of the Defendant Company.

(Final 15% C 5% out of the representative share)

2. A shall provide B with two rooms of APT (type 27) located in Busan as security for investment funds, and the principal shall be repaid in June 2017.

Provided, That the office of APT 2 secured at the time of repayment of principal shall be the security cancellation key.

3. B shall have the position of full-time directors of the defendant company and participate in the management affairs;

4. A shall represent all business as the representative director; and

5. Where there exists an unsold quantity after parcelling-out, 20% of the profits of the defendant company shall be the key in the disposal of substitutes, if desired.

6. A is the 20% equity interest in Defendant Company B and the registered director within June 2017.

on April 28, 2017: C

C. On June 11, 2018, the Plaintiff and the Defendants drafted again an investment agreement on KRW 400,000,000 (hereinafter “the instant secondary investment agreement”) with respect to the said KRW 400,00,000 invested in the instant project, and accordingly, authenticated by a deed signed by a private person with the Mnotarial Joint Office, etc. No. 1687, 2018. The main contents are as follows.

Investment Agreements

1. Party A: The Plaintiff Company and the Defendant C;

2. Determination of the amount invested as a billion won; and

3. Recovery of principal and recovery of dividends of Party A: Payment of dividends of Party B on August 30, 2018:

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