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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. Urban Residential Housing Construction Project 1) C Co., Ltd. (hereinafter “C”).
(1) Around 2016, G, I (hereinafter “instant project site”) and the Plaintiff (hereinafter “instant project site”).
2) The following agreement to the effect that the Plaintiff pays investment funds to C in order to promote a new urban residential housing construction project on the ground (No. 14, hereinafter “the first agreement”).
1) The Plaintiff and the Plaintiff (the contractor and the Plaintiff) enter into an agreement with respect to the payment and recovery of the investment amount as follows: (a) the Plaintiff’s investment amount: the Plaintiff’s investment amount of KRW 1,00,000 per day (1,00,000): the payment date: J [K Bank and the Bank of Bankruptcy]: (b) the date of payment: the date of payment under a special agreement: (c) December 9, 2016; but the consultation on the details related to the implementation of the project has not been completed at the request of the executor of the said special agreement, the Plaintiff agreed to preferentially pay the investment amount, despite the fact that there was no disagreement on the details related to the implementation of the project, within 60 days after the payment of the investment amount, and the final agreement has not been reached. (d) The Plaintiff agreed to immediately return the entire investment amount to the Plaintiff and the Plaintiff. (e) The Plaintiff purchased the project agreement after the payment of KRW 100,000,0000.
3) On July 6, 2017, the Plaintiff and C had obtained approval for the sale of an urban-type residential house from the Gu and carried out the sale thereof. On August 2017, 2017, the Plaintiff and C agreed on the refund of investment principal and input expenses in relation to the refund of KRW 1 billion and input expenses (Evidence 12, hereinafter “the second agreement”).
was drawn up.
The agreement states that if the sale rate is less than 70% by October 15, 2017, the principal amount of KRW 1 billion and the actual expenses invested by C to the Plaintiff shall be refunded within 60 days.
C is very low in the sales rate of the above urban residential housing.