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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company that vicariously executes the sale of real estate and provides consulting, and C (hereinafter “C”) and D (hereinafter “D”) are companies that carry out the housing construction business, the sale by proxy, and the lease business, and the representative director is E, but the F, its form of punishment, actually operated.
B. On November 25, 2015, with regard to the new construction and sale of the officetel in Ulsan-gu G district in Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant prepared a joint agreement with C or D, with regard to the construction and sale of the officetel in its name, which is executed by C or D, to carry out the business as the representative of C, such as the prop work and the calculation of the trial work. The Defendant is responsible for the management of investment and the sale of the office work. After the fact, the Defendant made a joint agreement with C or D to divide the net profit to 75% and the Defendant’s distribution to 25%. In addition, by June 29, 2016, the said I Officetel (hereinafter “instant Office”) implemented by C or D (hereinafter “instant Office”), Ulsan-gu, Ulsan-gu, Seoul-gu, as well as the said joint agreement with regard to the new construction and sale of the officetel (hereinafter “instant business”).
C. Afterwards, the Defendant, on behalf of C and D, recommended the Plaintiff to make an investment of KRW 68 million, including expenses for the instant project implemented by C and C and D, to be paid KRW 110 million in total when the investment trust is decided to grant business approval after six months, and when the investment trust is decided, the amount of KRW 60 million in total and KRW 50 million in total.
Accordingly, on June 7, 2016, the Plaintiff paid the Defendant a total of KRW 68 million on June 9, 2016, and KRW 63 million on June 9, 2016. On the same day, C received the remainder of investment from the Defendant, and on the same day, C borrowed KRW 60 million from the Plaintiff without interest, and as security, C may purchase the instant officetel K (sale price of KRW 135 million) with the remainder of KRW 25 million to the Plaintiff.