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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. Co-investment contract is concluded 1) Seongbuk-gu Seoul Metropolitan Government G Forest G 1,290 square meters (a post-division and division arrangement) on January 18, 2007, Seongbuk-gu Seoul H large 1,070 square meters.
hereinafter referred to as “instant land”).
P and Q, the co-owners of which were 24 households, on the ground of the instant land, I (hereinafter “instant tenement house”).
to newly construct and sell the project (hereinafter referred to as “instant project”).
(2) Around October 2002, E borrowed KRW 500 million from the Plaintiff and agreed to repay the total amount of KRW 500 million of principal and KRW 100 million of profit within one year and lent KRW 500 million to P and Q with the above borrowed money.
3) On December 2002, E, Defendant C, and D entered into a joint investment contract with the content that, with respect to the construction of the instant apartment house contracted as above, Defendant D shall invest KRW 400 million, and Defendant C shall receive KRW 300 million, and that, with respect to the profit, E shall receive 32% share of the profit, due to the contribution to the formation of the said contract, E shall receive 32% share of the profit. However, in order for P to not implement the contract properly, E, Defendant C, and D shall take over the instant land and the instant business rights from P and Q on March 23, 2004, and directly become the project implementer.
5) The Plaintiff, the Defendants, and the F (E’s wife, the husband of the E, performed the substantive business.
In relation to the instant business, around March 2004, Defendant C and D received shares of 34% of the profits by investing KRW 400 million in each of the instant business, and F shall receive shares of 32% of the profits by making a prior investment of KRW 200 million in P and Q as a prior investment, but the Plaintiff shall make an investment in consultation with Defendant D and receive a 1/2 of the shares of Defendant D, and Defendant B shall make an investment in consultation with Defendant C, and receive a 1/2 of the shares of Defendant C, respectively.