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1. The Plaintiff:
A. Defendant B, as well as KRW 357,417,262, and as to this, from June 11, 2015 to August 18, 2017.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the business of manufacturing clothes, etc., and Defendant C was a representative director of the Defendant Company, and the Plaintiff was a person who entered into a contract for the business of manufacturing clothes in accordance with the following Section C with the Defendant Company.
B. On January 12, 2013, the Defendant Company entered into a sales contract with D to purchase the land and its ground (hereinafter referred to as “instant land”; the above building as “instant building”; and the above land and the building as “instant real estate”) at KRW 1.625 billion.
Article 2 (Contents of Business) ① Location of the instant real estate: Details of the instant real estate ② Business: Article 3 (Duty of Investment, etc. in Joint Business) of the Abdominated Articles 3 (Duty of Investment, etc. in Joint Business) (1) The instant contract for the instant real estate business (Evidence A No. 2) in order to operate the business, the Defendant Company and the Plaintiff appears to mean the instant real estate.
One half (50%) of the cost of purchase shall be borne by half (50%) of the cost of 1.625 billion won.
(2) However, the defendant company may preferentially disburse the sales expenses under paragraph (1) and may receive loans from the defendant company to cover the sales expenses with the real estate in the name of the defendant company as collateral, and the plaintiff is not entitled to raise any objection.
③ The amount of loan, etc. is paid in KRW 1.625 billion, and the registration is transferred under the name of the Defendant Company, but the half of the amount of payment in the purchase price (8.12.5 million won) is deemed to have been borrowed to the Defendant Company, on the premise that the Plaintiff borrowed the entire amount of the loan to the Defendant Company, the instant real estate business partnership agreement in this case stated the “I building in Busan,” but it appears to mean the instant real estate.
The defendant company recognizes half of the company as owned by the plaintiff.
④ The Plaintiff is owned by the Plaintiff to return the borrowed money under paragraph (2).