Text
1. The Plaintiff:
A. Defendant B Co., Ltd. shall be KRW 193,210,000 and the same shall be from January 24, 2015 to April 6, 2015.
Reasons
Basic Facts
The relationship between the parties (appointed parties; hereinafter referred to as “Defendant”) is a director of Defendant B Co., Ltd. (hereinafter referred to as “Defendant Company”), and is the founder and the actual operator of the Defendant Company, and the Appointor D is the wife of Defendant C.
Around December 2010, Defendant C, the Plaintiff’s investment in the business of constructing and selling commercial buildings of Defendant C, and the Plaintiff’s investment therein, decided to purchase land located in Seo-gu, Daejeon E from the Korea Land and Housing Corporation and build a F commercial building on the ground of the said land (hereinafter “instant commercial building”). On December 27, 2010, Defendant C established the instant commercial building.
The Defendant Company recruited investors in the process of raising funds to implement the new construction and sale of the instant commercial building.
The Plaintiff invested KRW 433,536,00 in the new construction and sale business of the instant commercial building in accordance with the investment agreement with the Defendant Company.
The instant commercial building was completed on June 8, 2012, and on June 25, 2012, registration of preservation of ownership in the name of the Defendant company was completed.
On July 23, 2012, the Plaintiff filed a lawsuit against the Defendant Company seeking payment of the total amount of KRW 563,596,800, which is calculated by the ratio of 30% of the principal of investment and its income to the Defendant Company as the court 2012Gahap7803.
On September 5, 2013, this Court rendered a judgment against the Plaintiff on the ground that “it is difficult to deem that there was an agreement between the Plaintiff and the Defendant Company to return the principal of investment in addition to the profit calculated by a ratio of 30%.”
The plaintiff appealed to the above judgment as the Daejeon High Court 2013Na4706.
On August 22, 2014, the above court has the obligation to return the investment amount of KRW 393,210,000 to the Plaintiff.
However, it is reasonable to view that the obligation to return the investment bond of the defendant company is the time when the sale of the commercial building in this case is completed and its business purpose is achieved and liquidated.