(영문) 수원지방법원 여주지원 2018.02.28 2015가합10997

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(영문) 수원지방법원 여주지원 2018.02.28 2015가합10997

이익배당금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 6, 2006, C Co., Ltd. (hereinafter “Nonindicted Company”) purchased a lot of land of 9,421 square meters in Yangyang-gun D forest land and carried out a business of constructing an apartment building on the ground thereof (hereinafter “instant business”). The Defendant served as the representative director of the Nonparty Company from July 18, 2005 to November 10, 2014.

B. Around May 2009, E, his wife, recommended G, the representative director of the Plaintiff, to make an investment in the instant business, and on July 15, 2009, the Plaintiff entered into an agreement with the Defendant on July 15, 2009, that if the Plaintiff invested KRW 800,000,000 to the Defendant regarding the instant business, the Defendant shall pay the Plaintiff part of the profits accrued from the instant business (hereinafter “instant investment”).

On July 15, 2009, the Plaintiff paid KRW 800,000,000 to the Defendant in accordance with the instant investment agreement, and the Defendant deposited the said investment money into the account of the non-party company, and used the land relating to the instant business (Yyeong-gun H forest land 2,585 square meters) for the purpose of purchasing it on December 7, 2011.

C. As to the instant project, the designation of the project implementer on September 11, 2012, the approval of the project plan on May 12, 2014, and the approval of sale and the commencement of sale on August 21, 2014, respectively. The Defendant paid KRW 800,000,000 to the Plaintiff upon the Plaintiff’s request on May 24, 2013, which was prior to the approval of the project plan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-5, 8-10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. At the time of the investment of this case, the Defendant made it possible for the Plaintiff to make profits from KRW 2,3 times the investment of this case, which means that the Plaintiff would make profits from the project of this case in proportion to the investment ratio.

Of the total investments in the instant project, the Plaintiff’s investment amounting to KRW 800,000,000.

유사 판례

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