약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 21, 2012, the Plaintiff and the Defendant respectively borrowed KRW 2 billion from the Plaintiff on December 21, 2012 to the Defendant with respect to the new apartment construction project, which is scheduled to be established in Gwangju District, to ensure that if the Plaintiff invests KRW 2 billion in the Defendant, the Defendant agreed to guarantee the payment of KRW 2 billion in the investment amount and KRW 1 billion in the final profit (hereinafter “instant agreement”), and on the same day, a notary public drafted a notarial deed as stipulated in Article 2011 of the law firm D’s D Deed as of December 21, 2012, the Plaintiff prepared a notarial deed stating that “The Defendant shall pay KRW 2 billion from the Plaintiff on January 7, 2014 and KRW 20% per annum. In the event of failure to implement it, even if compulsory execution is carried out, the notarial deed is not valid.”
Business Investment Agreement
1. Amount of business investment: 2 billion won;
2. Fixed profit: one billion won.
3. Method of Method of Repayment of Investment Funds and Profits - Amounting to two billion won of investment and one billion won of profit shall be guaranteed to the Plaintiff by the Defendant.
- In principle, the principal amount of KRW 2 billion shall be repaid within one year, but the sale rate of the above apartment shall be 60% in advance by consultation with the plaintiff and the defendant when the sale rate of the above apartment is 60%.
- The profit of one billion won shall be settled within three months after the completion of the apartment, and if there is a dividend of the profit prior to the completion of the apartment, it shall be distributed through mutual consultation.
- The apartment housing amounting to 2 billion won after the public announcement of invitation of invitation shall be paid in full by the plaintiff and the defendant shall be offered as security to the plaintiff.
B. On December 31, 2012, the Plaintiff paid to the Defendant the remainder of KRW 1.8 billion after deducting the preferred interest and KRW 200 million out of KRW 2 billion of the investment amount stipulated in the instant agreement (hereinafter “instant investment amount”) via the account in the name of E.
C. The Defendant on January 2, 2013