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(영문) 서울고등법원 2015.08.20 2014나51918
위탁금 반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The Defendant, such as the instant friendship development project, tried to build a new building on the site of each land of the F owned by the Sinsi-si C, D, and E (hereinafter collectively referred to as “the instant site”), with his own land as the site, and to conduct the business of friendship and operation (hereinafter referred to as “the instant friendship and development business”).

Around October 201, the Defendant entered into a contract with the Plaintiff’s husband, H, I (hereinafter collectively referred to as “Plaintiff’s family member”) to jointly operate the instant friendship development project with necessary funds invested from the Plaintiff’s H, H, and I (hereinafter collectively referred to as “the Plaintiff’s family member”). The Plaintiff’s family member invested KRW 2,00,000 in the Defendant’s share of KRW 1/27, out of the 1,227, and the Defendant’s share of KRW 2,00,000 in the case of the 1,227, and the Defendant combineds the land of the said F with the Defendant’s share of KRW 31.1% in the case of the instant land (hereinafter referred to as “the 1st equity agreement”).

Article 4 of the equity investment contract and the plaintiff's family members shall pay KRW 2,902,00,000 to the defendant for the following project costs:

In order to clarify the above contract as to the above loan amount of KRW 0.65% interest of KRW 1,440,000 per month until October 2012, 2012, the amount of KRW 112,000,000 (building) plus KRW 1,000,000,000 in total of KRW 3.5% interest of KRW 350,000,000 until December 2012, the Plaintiff shall deliver the above loan certificate to the Defendant in order to clarify the above contract.

On November 1, 2011, the Defendant entered into a contract between the Plaintiff and the Plaintiff’s family members to the effect that “the Plaintiff and the Plaintiff’s family members invest KRW 2,902,00,000 in the Defendant, and the Defendant, to the Plaintiff and the Plaintiff’s family members, share of 20% in the instant private house site and the building newly constructed thereon” (hereinafter “instant secondary private house investment contract”).

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