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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant C Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Partnership”) is an association that implements a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in the D Il-gu Seoul Special Metropolitan City D (hereinafter “instant rearrangement project”) and Defendant C Co., Ltd. (hereinafter “Defendant Company”) is the Defendant Partnership’s rearrangement service company.
B. On September 16, 2015, the Plaintiff, the Defendant Company, and the Defendant Partnership Establishment Promotion Committee drafted an investment contract with the following content (hereinafter “instant investment contract”).
Article 1(Plaintiffs) shall invest KRW 300 million in Byung (Defendant Association Establishment Promotion Committee).
Article 3
1.A soldier shall pay 300 million won loaned from A as the highest priority to a bid bond for the contractor after establishing the partnership.
Article 5 Section 5 (Defendant Company) (Defendant Company) guarantees the repayment of the investment amount of Party A at the same time, and the representative E and the actual manager F, the chairperson G and the vice-chairperson of Party B are also responsible.
C. On September 16, 2015, F drafted a loan certificate stating that “F borrowed KRW 347.6 million from the Plaintiff, and would pay the said money as the top priority when receiving the price for the instant rearrangement project.”
Since April 2016, F was appointed as the representative director of the defendant company, and F was appointed as the joint representative director of the defendant company with I around January 2017.
[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1-7 (including branch numbers, if any), the parties' personal examination of F of the joint representative director of the defendant company, the purport of the whole pleadings
2. Summary of the assertion
A. The Plaintiff lent KRW 347.6 million to the Plaintiff F.
However, as F did not seek investors in the instant rearrangement project, the Plaintiff requested that “300 million won, which the Plaintiff lent to F, should be converted to the Defendants’ investment funds.”
Accordingly, the plaintiff will convert F's KRW 300 million to F's investment funds against the defendants.