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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
2...
Reasons
1. Basic facts
A. G Co., Ltd. (hereinafter “G”) is a company that has carried out the F Commercial Building Sale Business (hereinafter “instant parcelling-out Business”) at the Ewon in Namyang-si, Namyang-si, and C is the representative director of the said company.
G around June 2010, in collaboration with a building association, etc., established L Co., Ltd. (hereinafter “L”) and K Co., Ltd. (hereinafter “K”) for the purpose of purchasing the land of the instant sales project and lending project costs.
B. C became aware of the Defendant, who had been operating a real estate office in the area of the Seogwon at the end of 2009, and, in early 2010, he tried to help the Defendant sell the instant land in G to the Defendant.
Accordingly, the Defendant opened a real estate office in F with the trade name “H” around August 2010, and from April 201, N, the Plaintiff’s private village birth, the Defendant had worked together with the Defendant.
The Defendant and N jointly used the Agricultural Cooperative Account in the name of Nerman in connection with the operation of the above real estate office.
On the other hand, around October 201, the Defendant established D Co., Ltd. (hereinafter “D”) to perform the sales agency business of the instant case.
C. The Plaintiff became aware of the sales business of the instant case with N introduction, and received explanations from the Defendant on the sales business of the instant case and its investment profits, etc., and paid KRW 50 million on July 22, 201, KRW 50 million on July 25, 2011, KRW 30 million on July 29, 201, and KRW 300 million on July 29, 201 (hereinafter “the instant investment amount”).
G at the time of the commencement of the instant sales business, the capital was limited to KRW 50 million (the established capital was also borrowed and raised) and even thereafter, the funds required for the instant sales business were entirely raised with borrowings and investments.
G At the time of receiving the instant investment amount from the Plaintiff, it has already been sold to the J 6 billion won prior profit security agreement and at a discount for other investors.