beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,700,000,000 and Defendant B from September 20, 2012.
Reasons
1. Basic facts
A. As to the Daegu Suwon-gu H 1,115.7 square meters (hereinafter “instant land”), Defendant D owns one-third shares, and Defendant E owns two-third shares, respectively.
B. Defendant D and E entered into a real estate security trust agreement with Defendant B (hereinafter “Defendant Company”) and Defendant C on February 23, 2012, designating the Plaintiff as the priority beneficiary with respect to the instant land as KRW 1700,000,000 (hereinafter “instant security trust agreement”). Defendant D and E completed the registration of ownership transfer for the instant land on February 24, 2012 due to the said trust agreement.
C. On March 19, 2012, the Plaintiff entered into an investment agreement with Defendant Company and Defendant C on the following (hereinafter “instant investment agreement”) with respect to the development project of officetels (the 4th, 14th, above the ground; hereinafter “instant officetel”) newly built on the instant land, and paid KRW 1,00,000,000 to the Defendant Company and Defendant C as the investment amount on March 20, 2012.
On the other hand, Defendant D and E as a truster, Defendant F and G are joint and several sureties, and Article 2 (Investment and Profit-making) 1) The Plaintiff shall pay the investment amount of KRW 1,000,000,000 to the Defendant Company and the account designated by Defendant C by March 12, 2012 as “K: 2) The Defendant Company and the Defendant C shall assess the Plaintiff’s profit amount of KRW 1,70,000,000 and pay the said profit by means of substitute payment of KRW 17,00,00 in the instant business officetels.
(However, the assessment value of the object of payment in kind shall not be settled separately even if the assessment value of the object of payment in kind is above the assessment value). 3 times of payment shall be within six months from the date of conclusion of this contract, and the method of payment shall be in advance by the defendant company and the defendant C as to the object of payment in kind corresponding to the above profit at the time of sale in lots in relation to the business