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(영문) 서울중앙지방법원 2019.02.01 2017가합565213
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. In 2005, Defendant B asserted that, if the Plaintiff invested in the sale development project of several parcels outside the D in the Hongju-si (hereinafter “instant development project”), Defendant B would make a lot of profits. The Plaintiff, the Defendants, and E would make an investment in each of KRW 70,000,000, and then have four equal profits.

Accordingly, on August 17, 2005, the Plaintiff paid KRW 70,000,000 to Defendant B, but Defendant B invested only KRW 30,000,000, and Party E and Defendant C did not invest at the same rate.

Therefore, profits from the development project of this case should be distributed among the plaintiff and defendant B at the ratio of 7:3.

However, the Defendants obtained a total of KRW 4,087,96,940 in the course of the instant development project, and thus, the Defendants jointly have the obligation to pay the Plaintiff KRW 2,861,60,000, which constitutes the Plaintiff’s equity interest (70%) and the delay damages therefor.

(4) In full view of the purport of pleadings as to the portion of 20,000 square meters, Gap 1 through 4 (including number 2; hereinafter the same shall apply) and Eul 1 through 6, the plaintiff transferred 5,953,976 won in total to the defendant C during the period from March 25, 2005 to January 7, 2006 (=30,000,000 won on March 25, 2005; 324,812 won on September 23, 2005; 20,000,000 won on December 5, 200, 200, 30,000,000 won on December 7, 2006 to 30,50,000,000 won on the portion of 20,50,000 won on the portion of 30,57,000 forest and fields.

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