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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around August 2003, D Co., Ltd. (hereinafter “D”) entered into an investment agreement to pay a dividend of 10% per month from the date following the date of the payment of the above investment principal to KRW 1 billion by October 28, 2003, in the course of carrying out the project for new construction and sale of apartment units (hereinafter “instant project”) (hereinafter “instant project site”) to the FF Team in Daegu-gun (hereinafter “instant project site”), and as a price for the said investment, the D Co., Ltd. (hereinafter “D”) entered into an investment agreement to pay a dividend of 10 billion won per month from the date following the date of the payment of the investment principal to KRW 1 billion by January 30, 2004. If the aforementioned payment was delayed, the D Co., Ltd. (hereinafter “D”).
(hereinafter “instant investment agreement”). Accordingly, the Defendant paid KRW 1 billion received from G on the same day in accordance with the said investment agreement.
B. While promoting the instant project, D Representative E established a corporation A (hereinafter “A”) for the instant project on February 9, 2004, because it is difficult for D to obtain additional loans from an existing financial institution beyond the limit on loans. On May 31, 2004, A acquired the instant project by transfer from D, etc. the status of purchaser for the instant project site.
C. On June 3, 2004, A entered into a contract for new apartment construction for the instant project with Sungwon Construction Co., Ltd. (hereinafter “Ssung Construction”), and on February 3, 2006, A obtained a loan of KRW 43 billion from the Bank of Korea, the National Federation of Fisheries Cooperatives, and the Korea Bank (hereinafter “Korea Bank”) through the joint and several guarantee of Sungwon Construction.
On the other hand, D shall, on May 30, 2006, pay the Defendant a total of KRW 7.6 billion for the principal and interest of investment and dividends of KRW 2 billion to the Defendant and KRW 5.6 billion for additional dividends, even before August 30, 2006, without paying any investment and dividends under the instant investment agreement, and if it is not paid by the above deadline, it shall be paid at the rate of 10% per month.