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1. Defendant B shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from February 11, 2010 to the date of full payment.
Reasons
1. Basic facts
A. On May 21, 2008, Defendant B, Defendant C, Defendant C, Nonparty C, H, and I invested KRW 200,000,000, respectively, and entered into a partnership agreement with each other to build and sell a new apartment house with seven households on the land (hereinafter “instant Dong agreement”) after purchasing a building on the land of Yongsan-gu, Yongsan-gu, Seoul (hereinafter “instant apartment house”), and Defendant B paid KRW 200,000,000,00 in lieu of H.
(2) Under the instant trade agreement, Defendant B, Defendant C, H, and I purchased the said J-owned land and ground buildings under the name of H on March 25, 2008, and completed the registration of ownership transfer under the name of H on May 9, 2008. The registration of ownership transfer was completed under the name of H upon obtaining a construction permit under the name of H, and completed the registration of ownership preservation under the name of H on December 12, 2008.
(3) Defendant B, Defendant C, H, and I decided to liquidate the instant partnership agreement on January 8, 2009, and the details of the liquidation are as follows.
(1) No. B01 shall be transferred to I.
(2) Subparagraph 101 shall be transferred to Defendant B.
(3) HS heading B02, 201, 301, and 302 shall be shares for H and Defendant C.
Provided, That the sum total of KRW 273,000,000 and interest, KRW 490,000 and interest, KRW 202, 201, 301, and KRW 302 shall be the sum total of KRW 273,00,000 and KRW 28,00,000 which are not paid for construction works.
(4) At the same time, H and Defendant C agreed to liquidate the instant partnership agreement as above. However, Defendant C acquired KRW 28,00,000 of the remaining construction cost unpaid by H, and at the same time disposed of or transferred by Defendant C, Defendant C paid KRW 325,00,000 (this money is the bonds listed in the attached Table; hereinafter “the instant bonds”).
B. The occurrence of L’s embezzlement case (1) Nonparty L, the wife of H, was engaged in the bond business at the original state of Gangwon-do and operated the fraternity at the same time, and the Plaintiff.