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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 50,990,732 as well as its annual interest from August 31, 2016 to November 14, 2017.
Reasons
1. Basic facts
A. On May 22, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) purchased land and its ground buildings (hereinafter collectively referred to as “instant real estate”) in Yangsan City and entered into a contract with the Plaintiff on May 22, 2014 to receive investment of KRW 250,000,000 as necessary to operate a convalescent hospital (hereinafter “instant investment contract”). Accordingly, the Plaintiff paid KRW 250,000,000 to the Defendant Company.
Article 2 (Investment Funds and Equity Shares)
1. The amount of investment shall be 250,000,000 won including 140,000,000 lien expenses, 40,000,000 won, and 70,000,000 won including the establishment and incidental expenses of the Foundation in connection with the purchase of the instant real property.
Article 3 (Refund of Contributions)
1. The Defendant Company shall pay the Plaintiff the principal amounting to KRW 250,000,000 within three months, and shall pay interest KRW 50,000,000 within one month after the payment of principal.
Article 6 [Matters of Special Agreement]
3. The Defendant Company determines that it is no longer capable of running the business if it fails to comply with Article 3, and decides to transfer all business rights to the Plaintiff.
B. On June 26, 2014, Defendant Company took out loans of KRW 1,300,000,000 from the Bank of the Commercial Savings Co., Ltd. (hereinafter “instant loans”) and completed the registration of transfer of ownership by purchasing the instant real estate by public sale of KRW 1,400,000,000, and immediately completed the registration of transfer of ownership on the ground of trust with the K non-Real Estate Trust Co., Ltd.
C. After that, the Defendant Company failed to return the investment amount under Article 3(1) of the Investment Contract of this case.
Pursuant to Article 6(3) of the Investment Contract on September 19, 2014, the Plaintiff and the Defendant Company entered into a contract to purchase the instant real estate from the Defendant Company for KRW 1,530,000 (hereinafter “instant sales contract”). 300,000,000 as the down payment is KRW 300,000,000 as of the date of the instant investment contract, and the remainder KRW 1,230,000 as the security of the instant real estate.