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Reasons
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(영문) 울산지방법원 2016.04.20 2015가합2566
투자약정금 반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic facts B and C, on November 15, 2013, entered into an investment agreement (hereinafter “instant investment agreement”) with the Defendant on the investment of KRW 300 million in the Ulsan-gu D apartment execution project, Ulsan-gu, Seoul-gu, Seoul-gu, and agreed on the amount of the profits and the timing of payment as follows:

(3) The defendant shall pay the investment principal and profits of B and C as follows:

Investment principal: Within one month after approval for establishing the E-Housing Association;

(b) Revenue: Haaking lives (e.g. 700,000,000)

(c) Payment of earnings;

A. The first payment amount: 350,000 won per day ( 350,000,000); and

(b) First time: When an application for approval of E business is filed.

c. The second payment amount: 350,000 won per day (Woo 350,000 won).

D. Second payment period: The Plaintiff’s father, within two months after the application for business approval, F, the father of the Plaintiff, shall pay a total of KRW 300 million to the Defendant on November 15, 2013 and on the 18th of the same month, and shall receive KRW 300 million from the Defendant on the same day.

was issued with the certificate of deposit to the effect that

Evidence Nos. 2 and 4. The defendant from January 3, 2014 to the same year.

5. By the end of February 29, 2015, the Plaintiff and the F prepared a factual confirmation that the Plaintiff paid KRW 300 million to C, and that the investment principal paid KRW 300 million to C, and that subsequent profits would be paid to C, a real investor, to the Plaintiff (hereinafter “instant factual confirmation”).

【Nos. 3 and 7 of A. 3 and 7 of this case, without any dispute, the plaintiff is the actual party to the investment agreement of this case in which the plaintiff actually bears 300 million won of the investment principal, and the defendant is prepared with the confirmation document of this case. Thus, the defendant is liable to pay the plaintiff the proceeds KRW 700 million of this case and its delay damages.

According to the instant investment agreement, the Defendant is against the Plaintiff.

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