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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The scope of this Court’s trial at the first instance court claimed against the Defendant for the payment of the investment profit amounting to KRW 100 million, KRW 52,745,226, and damages for delay as to each of the above amounts. The court of first instance accepted only the Plaintiff’s claim for KRW 520,745,226, and damages for delay. The court of first instance dismissed all of the Plaintiff’s remaining claims.
Since only the plaintiff appealed against KRW 100 million of the above investment income and damages for delay among the judgment of the court of first instance, the scope of the judgment of this court is limited to KRW 100 million of the above investment income to the defendant and the damages for delay.
2. Basic facts
A. On March 2013, L, the representative director of K Co., Ltd. (hereinafter “K”), intended to purchase seven parcels, such as C, D, F, G, E, and land U owned by J (hereinafter “instant real estate”), and to carry out land development projects (hereinafter “instant project”).
B. L, around March 2013, recommended the Plaintiff, who was known to the general public, to make an investment in the instant business, and the Plaintiff solicited M to make an investment due to the lack of funds, and M again recommended the Defendant to make an investment.
C. As between May 2013, the Plaintiff, M, and the Defendant: (a) the Defendant invested KRW 100 million in K in relation to the instant project; and (b) if the authorization and permission for the instant project is granted, the Defendant would be paid KRW 100 million in total with the investment principal (hereinafter “the instant investment principal”) and KRW 400 million in investment income; and (c) at the time L jointly and severally guaranteed the obligation to pay the said amount by K.
(hereinafter “instant investment agreement”). Upon receipt of the above KRW 500 million, the Defendant agreed to pay KRW 100 million to the Plaintiff and M respectively.
(hereinafter “Agreement on Distribution of Investment Proceeds of this case”). D.
Defendant and L are from J on May 6, 2013 the instant real estate.