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대전지방법원 2016.02.16 2015나105009

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.


Basic facts, around April 2004, the defendant purchased N (O) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, N (O thereafter), P (B) and F land (hereinafter the above three parcels together referred to as "the instant real estate"), but then disposed of it, and then proposed the investment of the person who left for profit.

On April 16, 2004, the Plaintiff remitted KRW 30,000,00 to the Defendant with respect to the investment of the instant real estate.

Around September 9, 2010 and November 2011, the Defendant sold each of the instant real estate.

【In the absence of dispute, the Plaintiff’s summary of the Plaintiff’s assertion as to the grounds for claim as to Gap’s evidence Nos. 1, 2, and 4, and the grounds for claim as a whole, has invested KRW 63 million with respect to the instant real estate to the Defendant, and thereafter, the Plaintiff sold and sold the instant real estate and appeared to gain profits for the Defendant. Since the Plaintiff’s profits cannot be known, the Defendant should pay to the Plaintiff the principal amount of investment KRW 63 million with the settlement of accounts at least as well as damages for delay.

The gist of the Defendant’s assertion is that the Defendant entered into an investment agreement with C to invest KRW 100 million and KRW 200 million in the real estate of this case, and there was no investment agreement between the Plaintiff and C. The Plaintiff only remitted KRW 30 million, which is part of the money that C shall pay to the Defendant.

On November 17, 2011, the Defendant paid all the settlement money related to the instant real estate investment to C, and settled the settlement by deeming C’s investment amount as KRW 200 million at the time.

The evidence supporting the plaintiff's claim is that the plaintiff directly remitted 30 million won to the defendant (the defendant recognizes that the above 30 million won was related to the investment of the real estate of this case). The plaintiff invested 60 million won in the court of first instance as witness C, the plaintiff, and the defendant that C invested 140 million won in the real estate of this case.