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1. The plaintiff's lawsuit against the defendant KF real estate trust company shall be dismissed.
2. The plaintiff's defendant corporation.
Reasons
1. Basic facts
A. Defendant B, a company for the construction business, etc., is an executor who carries out a development project for three lots of land such as Busan Dongdong-gu D (hereinafter referred to as “F”; and the related project is a person who was appointed as Defendant B’s director on May 27, 2014.
B. On March 14, 2013, the Plaintiff entered into an agreement with Defendant B (hereinafter “Agreement”). The main contents thereof are ① the Plaintiff loaned KRW 150 million to Defendant B as of March 14, 2013; Defendant B repaid the above loan on September 14, 2014; ② Defendant B employs a person designated by the Plaintiff from April 2013, and pays KRW 2 million per month (one year and six months), ③ the Plaintiff provides legal advice to the Defendant B from April 1, 2013 to the completion date of business; ③ the Plaintiff paid KRW 500,000 per month with legal advice fees; ④ the Defendant paid the principal amount of the loan and KRW 150,000,000,000 to Defendant B as a joint and several surety (a joint and several surety).
On the same day, the Plaintiff paid KRW 150 million to Defendant B in accordance with the above agreement.
C. On August 2, 2013, the Plaintiff entered into a new agreement with Defendant B (hereinafter “instant real estate”). The main contents thereof are ① investing KRW 450 million in the Defendant as of August 2, 2013; the Defendant returned the said investment amount on the date the remainder payment date of the F-sale Price or December 31, 2014, which comes first; ② the Defendant shall pay an amount of KRW 450,000,000,000 as performance money, separate from the principal of the investment; ② the Defendant shall, under mutual agreement, pay the amount of KRW 308 (782,80,000; hereinafter the same shall apply as the attached real estate; hereinafter “instant real estate”); 309 (90,080,000,000) for three stories (3.8 billion,000,000 won); and the amount may be adjusted to KRW 308,309,309,000,00.