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1. The Defendant shall pay to the Plaintiff KRW 55,702,831 and the interest rate of KRW 15% per annum from November 24, 2015 to the day of full payment.
Reasons
1. Basic facts
A. On December 2002, the Plaintiff and the Defendant, C, and D (hereinafter referred to as “Plaintiff, etc.”) invested KRW 42 million (including expenses, each of KRW 15 million), thereby jointly developing the same after purchasing a 2324m2m2, F 100m2, and G 971m2. The Defendant, as a representative, decided to conclude a sales contract, take charge of land development, disposal of land, and fund execution, etc.
B. The plaintiff et al. is from H and I on December 20, 202
After concluding a sales contract to purchase the land indicated in the port of entry in KRW 42 million, and paying the full purchase price by December 25, 2002, the registration of ownership transfer is completed on February 12, 2003.
C. In around 204, the Plaintiff et al. sold part of the land subject to the Dong business to J, K, and L 41 billion won. On June 14, 2004, the first settlement was made on June 14, 2004, Plaintiff 111,00,000 won, Defendant 180,778,724, C70,000,000 won, and D 103,000,000 won, which were calculated by subtracting bank obligations from the above sale proceeds.
Plaintiff
The settlement is completed until June 14, 2004 by settling accounts of the accounts payable at KRW 70750,000 and receiving dividends.
From June 28, 2004 to February 15, 2005, the Defendant invested KRW 23,594,000, including the loan interest, and received KRW 291,694,00 from the Plaintiff around November 2004.
Since then, the Plaintiff collected and paid interest from other three parties, and paid KRW 35,342,429 as interest from March 18, 2005 to October 24, 2008, and the Plaintiff paid KRW 8,355,607 out of D’s contributions on behalf of the Plaintiff as D did not pay interest from March 2005.
E. The plaintiff et al.
In order to obtain permission to divert farmland for port land, the J, etc. was cancelled the sales contract. In order to prepare the purchase price of KRW 41 million to be returned and the compensation of KRW 50 million for damages and KRW 1 million for expenses, the payment due date from M on May 16, 2005 shall be July 30, 2005; interest month.