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1. The part of the judgment of the court of first instance regarding the plaintiff's claim against the defendant shall be revoked.
2. The plaintiff's claim against the defendant.
Reasons
1. Basic facts
A. On October 2, 2007, the Plaintiff is jointly Defendant E (hereinafter “E”) of the first instance court on October 2, 2007.
(1) As to the development of land H and three parcels, the Plaintiff invested KRW 200 million to E and paid KRW 200 million to the Plaintiff a total of KRW 400 million by adding the amount of KRW 200 million investment to KRW 200 million after 30 months from the date of the contract, and if the Plaintiff is unable to pay it, the Plaintiff agreed to pay the interest for delay calculated at a rate of 8% per annum (hereinafter referred to as “the first investment agreement”).
(2) As a result, on October 18, 2007, the Plaintiff paid KRW 200 million to E, and the Plaintiff agreed on December 6, 2007, when the Plaintiff invested KRW 300 million to E with respect to the development of E and 8 lots factories outside Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and Chungcheongnam-do, and thus, E makes repayment to the Plaintiff 12 months after the date of the contract, including KRW 150 million with respect to the investment income of KRW 300 million, KRW 450,000,000, and KRW 300 million with respect to the repayment after 24 months, the Plaintiff paid KRW 60 million with a total of KRW 30,000,000,000 with the investment income of KRW 80,000,000,000,000 with an annual interest calculated.
(hereinafter “Second Investment Agreement”). Accordingly, the Plaintiff paid KRW 20 million to E on November 23, 2007, and KRW 100 million on December 10, 2007, respectively.
3) On June 12, 2009, the Plaintiff: (a) determined the due date for repayment on June 12, 2009 as of June 12, 2010; (b) determined the due date for repayment on December 31, 2009 as of June 30, 2010; and (c) lent KRW 130 million to E, respectively (hereinafter “loan”).
4) On the other hand, B invested KRW 50 million to E on April 18, 2008, and KRW 50 million after 12 months from the date of the contract, and paid a total of KRW 100,000,000,000 investment income to E, and if it is not paid, the interest for arrears calculated at the rate of 8% per annum shall be added.