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1. Defendant B and Defendant D shall jointly and severally pay to the Plaintiff KRW 100,000,000, and they shall be fully paid from October 4, 2014.
Reasons
Basic Facts
Defendant B, such as the conclusion of a real estate sales contract, etc. by Defendant B, concluded a real estate sales contract with the owner of the instant land on May 16, 2013 and the Defendant C, who is his own child, under the name of Defendant C and five, with the intent to acquire development gains by purchasing the instant land out of the Sinsi-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter “instant land”). The purchase price (total of KRW 1.6 million) shall be paid by September 30, 2013, and all buyers agreed to deliver all documents necessary for
Defendant B paid KRW 30 million to the seller of the instant land at early 2012, prior to the conclusion of the sales contract. After the conclusion of the contract, Defendant B paid the down payment with the money received from investors, such as Defendant D, and paid the down payment to the seller by July 1, 2013, the down payment paid to the seller by July 1, 2013 was a total of KRW 186.1 million.
Defendant D agreed upon the explanation of the instant land from Defendant B and Defendant D, and agreed to make investments with Defendant B, F and G, who are the land, and paid to Defendant B a total of KRW 160 million on July 1, 2013, including KRW 150 million, and KRW 100 million on August 30, 2013.
Of the above money, the amount invested by Defendant D was KRW 80 million, and the amount invested by F and G was KRW 40 million, respectively.
On August 30, 2013, an “investment confirmation” was drawn up between investors, including Defendant D, and Defendant B as follows with respect to the said investment amount. At the time, Defendant D drafted it in the name of her mother H, and Defendant B entered Defendant C in the recipient and confirmation column of the said investment confirmation and sealed Defendant C’s seal.
Amount of investment confirmation: 160 million won investment: 100% of the principal when repayment is made after the lapse of 5 months after the investment of July 1, 2013 (draft 1: 2) and 100% of the principal when repayment is made after the lapse of 5 months after the investment.