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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. On December 8, 2006, C entered into a joint agreement with G in order to carry out the business of developing commercial and residential facilities in the F compound cooking, tourist facilities, and facilities incidental thereto, or on the site thereof (hereinafter “instant development business”). On December 29, 2008, the Defendant became a member of the said business on behalf of G on December 29, 2008, and was the representative director C.
B. On August 27, 2009, the Defendant invested a total of KRW 15,00,000,000 in the instant development project on seven occasions with J on August 27, 2009, and as a result, entered into an investment agreement to provide the Defendant’s share of KRW 45% to J through the increase of capital. On September 4, 2009, the Defendant entered into an investment agreement to provide the Defendant’s share of KRW 500,000 in the name of the Plaintiff from J as its investment amount (hereinafter “the instant investment amount”).
(2) Since the J, the Defendant was unable to pay the remainder of the investment under the above investment arrangement to the Defendant after the date of termination of the above investment arrangement between J around 2011, and the Defendant would be able to pay the remainder of the existing investment funds of J by receiving later investments.
3. When the Plaintiff could not receive a return of the instant investment money that the Plaintiff transferred to the Defendant under his own name, the Plaintiff directly demanded the Defendant to pay the instant investment money several times. Accordingly, the Defendant, on September 8, 2009 between the Plaintiff and the Plaintiff on December 8, 201, paid KRW 50,000,000, which was paid by the Plaintiff as the investment money, to the Defendant, was paid from the Plaintiff at home or abroad on September 4, 2009, he shall immediately return it first priority, and pay 5% per annum for the interest portion until the return is made, and if so, the Defendant lost the benefit of time and paid interest for 20% per annum.