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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 person registered as the representative director of C (hereinafter "C") from April 20, 2004 to April 20, 2004.
B. 1) The Plaintiff and C entered into an investment agreement between the Plaintiff and C on November 7, 2006 (hereinafter “instant investment agreement”) and the agreement drawn up pursuant thereto are “instant investment agreement.”
The conclusion of the investment agreement C (hereinafter referred to as “A”) is as follows.
) The Plaintiff and the Plaintiff (hereinafter referred to as “B”).
) The following multi-family housing development projects (hereinafter referred to as “this project”).
For the purpose of this Agreement, the parties have agreed on the basic matters under this Agreement and have made this Agreement.
Article 1. The outline of the Project is as follows. A.
Business Name: Business Name: D Multi-Family Housing Development Project for Gyeonggi-gun Group
(b) Business area: Gyeonggi-gun D;
(c) Business area: Settlement of approximately 12,967 investments and investments;
A. B shall invest KRW 400 million in “A” for the purpose of “B”.
(b) A shall settle to B the interest and earnings on the repayment of investment funds and the investment funds as follows:
(hereinafter) Trade name on November 7, 2006: Address C: Representative of Five Floors in Seocho-gu Seoul Metropolitan Government, : Resident registration number of B: F (Person) address: Name A: resident registration number of G apartment 5-213 in Seoul Special Metropolitan City, Nowon-gu: Name A: (Omission) resident registration number: Name B: H2 in the signature and seal column of B and F under the investment agreement of this case, as shown in the attached image. [No dispute over recognition, the entry in the evidence No. 1 and the purport of the entire pleadings are shown.]
2. The summary of the Plaintiff’s assertion is that the Defendant signed the Defendant’s signature “B” in the signature column of the representative director of the instant investment agreement.
Therefore, the Defendant is obligated to settle the investment amount under the instant investment agreement to the Plaintiff.
3. We examine the judgment, the above-mentioned facts, and Gap evidence Nos. 1 to 3.