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1. The Defendant’s KRW 144,296,377 as well as 5% per annum from April 14, 2015 to December 30, 2015 to the Plaintiff.
Reasons
1. (1) The Plaintiff and the Defendant entered into an agreement with B (C representative director of a stock company) who had a transaction relationship with the Defendant to discount securities and gain profits therefrom, and to distribute them at the ratio of 30%, and 70% (hereinafter “Agreement on Distribution of Profit, which is the discount of securities of this case”).
(2) On August 12, 2010, the Plaintiff and the Defendant began to discount B’s checks with the Plaintiff’s money. The Plaintiff offered an apartment house No. 507 Dong 909, Songpa-gu, Seoul (hereinafter “instant real estate”) owned by the Plaintiff as collateral and received loans from the Industrial Bank of Korea, and raised funds for securities discounts, etc. with the money. ① on August 18, 2010: 250 million won loan (establishment of a maximum bond amount of KRW 30 million); ② on September 1, 2010, a loan of KRW 410 million (establishment of a collateral security right amount of KRW 492 million); ③ on April 2, 2010, a loan of KRW 200 million (the maximum bond amount of KRW 492 million); and ③ on April 2, 2010, a loan of KRW 81 billion was created with the Defendant’s loans of KRW 300,800,000,00.
(3) The Plaintiff and the Defendant received a bill or check from B in accordance with the agreement on the allocation of profit, which is the discount of securities, and used the instant loan in the process.
(4) The Plaintiff and the Defendant made an investment agreement on October 7, 2010 and received a notarial deed. The main contents are as follows.
The defendant shall manage the construction from the commencement to the completion of the construction, and the plaintiff shall make an investment in the driving fund for the revolving the advance payment and the progress payment from the ordering person.
If the construction cost is paid in full from the ordering person after the completion of this construction work, the pure profit portion, excluding four major premiums and comprehensive income tax, and the bill issued by the ordering person;