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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 2015, C Co., Ltd. (hereinafter “C”) purchased 1,269 square meters (hereinafter “instant real estate”) before Seopopo-si, Seopo-si, Seopo-si, and promoted the business of newly building and selling commercial buildings and multi-family housing on that ground (hereinafter “instant business”).
B. On July 5, 2016, E, etc. invested capital of KRW 300 million, and established F Co., Ltd. (hereinafter “F”), and E, a representative director, decided to take over the instant real estate and the instant business from C around July 2016.
C. On July 20, 2016, G entered into an investment contract (Article 3 of the Investment Agreement (Evidence A) with F and the Defendant to jointly implement the instant project, and to invest KRW 600 million in F and the Defendant by means of lending KRW 600 million, and to receive the said KRW 72 million from them within 15 days after the completion of the instant project (Article 3 of the Investment Agreement (Evidence A), and F made an investment contract with the Defendant on July 26, 2016, and the F made an investment of KRW 60 million ( KRW 50 million, KRW 100 million, KRW 500,000, KRW 100,000, KRW 500,000). The Defendant secured P.F. funds and entered into a joint investment agreement with the Defendant to distribute the proceeds to KRW 50:50,50.
F entered into a real estate sales contract to purchase the instant real estate in KRW 1.7 billion from C on July 26, 2016, and remitted KRW 500 million to C on the same day.
On July 28, 2016, F entered into a contract for real estate sale and comprehensive business rights transfer and takeover of the instant real estate amounting to KRW 1.7 billion, to acquire the instant real estate from C and C, to KRW 1.1 billion, and to additionally pay KRW 600 million for the preservation cost of design and operating expenses (i.e., KRW 1.7 billion for the instant real estate sale proceeds and KRW 1.7 billion for the instant real estate sale proceeds and KRW 600 million for the preservation cost).
E. Although the Defendant attempted to borrow P.F. loan for the instant project, it is difficult to pass the Suwon deliberation in the name of F, G, Defendant, and the Defendant.