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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from June 28, 2017 to the date of full payment.
Reasons
1. The parties' assertion
A. The Defendant agreed to pay KRW 150 million to the Plaintiff C by May 2016. Since the Plaintiff received the seizure and collection order regarding the above claim against the Defendant, the Defendant is obligated to pay KRW 100 million to the Plaintiff.
B. Although Defendant C decided to invest KRW 1 billion in relation to the Pyeongtaek project, it invested KRW 150 million in the Defendant, it did not make any subsequent investment, and the progress of the project was suspended.
The defendant has a new business in Jongno-gu Seoul Metropolitan Government D, and the defendant prepared a written confirmation that the return of the above investment amount will be made in order according to the business schedule when purchasing the above D business object.
The agreement on the return of the above investment amount is conditional or time-limit, and the third party can not respond to the plaintiff's request because it purchased the object of the D business and purchased the object of the D business.
2. Facts of recognition;
A. On February 2, 2012, C (the nominal owner of a contract) invested KRW 1 billion in connection with the I apartment construction project of Asan City Gable block (which was examined as an area adjacent to Pyeongtaek-si H at the beginning in the beginning) to FF Co., Ltd., and paid KRW 1 billion on February 15, 2012, KRW 200 million on March 15, 2012, KRW 200 million on March 30, 2012, KRW 50 million on March 30, 2012, and KRW 500 million on the remaining investment, and the Defendant jointly and severally guaranteed the obligations of F Co., Ltd. under the said investment agreement.
B. C paid KRW 150,000,000 in accordance with the above investment arrangement, and thereafter the said new construction project was suspended.
C. On April 22, 2016, the Defendant drafted a payment confirmation letter to C that “I will deposit KRW 150 million in relation to I’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s 2012.