1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff alleged that he lent KRW 50 million to the defendant on December 11, 2003 upon receipt of a request from the defendant for the lending of purchase price for the land in Osan-si, and that on December 12, 2003, the plaintiff claimed for the payment of interest or delay damages calculated from the above loan and the loan date. According to each of the evidence Nos. 1-1 and 2, the plaintiff remitted KRW 50 million to the defendant on the above argument date through D's account, and the defendant purchased 68/1438 of the amount of 1438 square meters in Osan-si, Busan-si, 18 December 18, 2003, and then acquired 68/1438 of the amount of 1438 square meters in common property on January 28, 2004, each of the above facts can be acknowledged, but the above facts alone are insufficient to obtain a different interest rate of KRW 50 million, and there is no evidence to acknowledge it otherwise.

The plaintiff's primary claim is without merit.

2. Determination on the conjunctive claim

A. The Plaintiff’s assertion and the Defendant decided to make an investment in real estate as a partnership business around November 2003, and invested KRW 120 million to the Defendant. During that period, the Defendant fulfilled the obligation to distribute investment profits, and thus, the Plaintiff’s claim and the Defendant’s application for modification of the purport of the claim as of November 26, 2018 is terminated by serving the written application for modification of the purpose of the claim and the cause of the claim on the same business.

Accordingly, the defendant is obligated to pay the plaintiff the share of KRW 120 million and damages for delay.

B. The Defendant also acknowledges the fact that the Defendant received the total amount of KRW 120 million from the Plaintiff.

However, in full view of the entries in Eul evidence No. 1 and the purport of the entire pleadings, it can be recognized that the defendant returned 70 million won to the plaintiff through the plaintiff's account Eul on December 5, 2006, through the plaintiff's account. Thus, the plaintiff was able to receive a distribution of investment profits exceeding the above 70 million won.

or at the time of the liquidation of partnership, the Plaintiff’s share out of the remaining assets.