Text
1. Defendant D Co., Ltd.: (a) KRW 45,560,177; (b) KRW 148,800,534; and (c) KRW 148,80,534; and (b) each of the said money to Plaintiff A on May 2017
Reasons
1. Basic facts
A. The Plaintiffs, around 2015, entered into an investment agreement with Defendant D Co., Ltd. (hereinafter “D”) that is engaged in the sales agency business, and invested in the business site development project promoted by Defendant D in Daegu Suwon-gu E, and Plaintiff A invested KRW 50 million, and Plaintiff B invested KRW 150 million, respectively.
B. According to each of the above investment agreements, Defendant D would pay the Plaintiffs 30% of the principal and interest per annum in the event that the project is normally implemented, and 10% of the principal and interest per annum in the event that the project is not implemented.
(The initial date of each interest shall be from July 20, 2015). (C)
The development project has not been developed separately, and the investment period has been exceeded, and it has reached the present.
Meanwhile, Defendant D repaid Plaintiff A KRW 6 million on May 15, 2017, KRW 7,659,00 on May 22, 2017, KRW 600 on May 15, 2017, KRW 600,00 on May 15, 2017, and KRW 22,857,00 on May 22, 2017 to Plaintiff B, respectively, and this was appropriated as indicated in the status of satisfaction of obligation.
E. Meanwhile, Defendant D entered into a sales contract on October 17, 2016 (hereinafter “instant sales contract”) with Defendant C on the indicated real estate (hereinafter “instant real estate”) with the indication of the attached real estate (hereinafter “instant real estate”). On October 28, 2016, the ownership transfer registration of the instant real estate was completed under Defendant C’s name.
F. At the time of the instant sales contract, Defendant D had been in excess of its obligation.
G. Meanwhile, at the time of the instant sales contract, there was a prior lease of KRW 130 million to lessee F with respect to the instant real estate at the time of the instant sales contract, which became extinct after the instant sales contract was concluded.
On the other hand, the real estate in this case existed prior to the prior mortgage in the name of the G Association, and the secured debt is KRW 200 million.
H. As of July 17, 2018, the market price of the instant real estate is KRW 530,000,000,000 as of July 17, 201 is presumed to be the same as of the date of closing argument.