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1. The defendant shall pay 160,000,000 won to the plaintiff and 24% per annum from June 8, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. On May 8, 2018, the Plaintiff entered into an investment agreement with the Defendant to invest KRW 100 million in the bid bond (hereinafter “instant investment agreement”) in order to obtain the successful bid of the said real estate in the discretionary auction procedure of real estate related to “Seoul-dong, Yongsan-gu, Busan-gu, Seoul-si, and D,” and the main contents thereof are as follows.
The creditor of the Investment Deposit Agreement shall enter into an investment agreement between the plaintiff debtor and the defendant of the plaintiff debtor as set forth below, and shall affix a seal to this agreement and keep one copy of each agreement for the purpose of proving that agreement:
A. L. L. L.I.
1. Investment amount: Fluorgical n.e., gold (100,000,000);
2. Terms of investment;
(a) Investment period: Within 30 days from the date of deposit of investment money;
(b) Revenue from investment: Geumcheon-gu n.e. (60,000,000)
(c) Security: additional preparation of the F 200 million won mortgage 200 million won: overdue interest of 24% per annum at the expiration of the investment period.
B. On May 8, 2018, according to the instant investment agreement, the Defendant completed the registration of creation of a mortgage on the part of the debtor with respect to F forest land in Yongsan-gu, Yongsan-gu, Busan-gu, Seoul-do, and 7698 square meters on the same day, due to the contract establishing the mortgage on the same day.
On the other hand, at the time of the establishment of the above right to collateral security, the establishment registration of the establishment of the first-order neighboring to the above real estate was completed on September 16, 2013 with the maximum debt amount of 1.89 billion won and the debtor H farming association as the debtor H farming association.
C. On May 8, 2018, the Plaintiff paid to the Defendant the amount of KRW 100 million in accordance with the instant investment agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 8, the purport of the whole pleadings
2. According to the facts of recognition prior to the determination of the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the sum of KRW 100 million and KRW 60 million in investments, and the amount of KRW 160,000,000,000 from June 8, 2018 to the date of full payment, 30 days after the date of the payment of investments.