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1. Defendant B’s KRW 30 million to the Plaintiff and the Plaintiff’s 5% per annum from August 30, 2016 to September 20, 2018.
Reasons
1. Facts of recognition;
A. D, Defendant B, and waste disposal business entity, the husband of the Plaintiff, agreed to operate a waste disposal business (hereinafter “instant business”), around December 2013, and D invested Defendant B with its partner deposit in KRW 150 million on January 16, 2014, KRW 150 million on March 10, 2014, KRW 150 million on March 10, 2014, and KRW 300 million.
B. On March 21, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage with regard to the F-Sacheon-gu F Building No. 6 G (hereinafter “instant real estate”) owned by Defendant C, a partner of Defendant B, at KRW 300 million, the maximum debt amount, Defendant C, and the Plaintiff as the mortgagee of the right to collateral security.
(hereinafter referred to as “the registration of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation
2. The assertion and judgment
A. (1) The Plaintiff’s summary of the Plaintiff’s claim against Defendant B was agreed to fully return 300 million won of the investment amount received in relation to the instant project to the Plaintiff until August 25, 2015, and thus, Defendant B is obligated to pay the Plaintiff the said KRW 300 million and the delay compensation amount from August 26, 2015. (2) Whether Defendant B agreed to return the entire principal of the investment (i) whether the principal return agreement was concluded prior to the existence of the agreement to return the investment amount, and (ii) whether Defendant B entered into an oral agreement to compensate for the full amount of KRW 300 million of the investment amount (hereinafter “instant agreement”) with Defendant B, based on the following circumstances acknowledged as follows:
the facts are recognized.
① Upon Defendant B’s request, the maximum debt amount set up on the instant real estate owned by Defendant C is the same amount as KRW 300 million, which is the principal of the investment made by D to Defendant B.
② As D urged Defendant B to return the principal of the investment, Defendant B is fully responsible for the payment of the principal of the investment around August 12, 2015.
E. E.L.T.
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