Text
1. The Defendant’s KRW 700,000,000 as well as its annual 6% from August 18, 2015 to August 26, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 20, 2009, Won, the Defendant, and C concluded an investment agreement related to the purchase of the D Multi-Family Housing Site and the implementation of the apartment (hereinafter “instant project”) (hereinafter “instant investment agreement”), and the main contents are as follows.
The Defendant (hereinafter referred to as “A”) and the Plaintiff, and C (hereinafter referred to as “B”) agree with respect to the investment agreement and the distribution of profits in relation to the purchase of land for multi-family housing and the implementation of apartment housing projects at the time of Mineyang-si, as follows:
Article 1(Purpose)The purpose of this Agreement is to regulate the matters of all rights and duties and to distribute profits with respect to the investment of Party A in the apartment project (hereinafter referred to as “the project”) within the E-Si of Mineyang-si.
Section 2 (Investment, Distribution of Profits, etc.) B shall make an investment of KRW 500 million in the Project, and A shall distribute to B 40 percent of the total profits accruing from the implementation of the Project.
Article 3 (Period, etc. of Contract) This Agreement shall be effective from the execution date to the termination date of profit distribution.
B. Around March 2009, the Plaintiff paid KRW 250 million to the Defendant pursuant to the instant investment agreement.
C. On December 28, 201, the Defendant concluded an agreement on the proceeds pertaining to the instant business (hereinafter “instant agreement”) as follows.
The Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) of the project executor of the written agreement agree with respect to the investment agreement regarding the purchase of the lots of multi-family housing and the implementation of apartment housing projects in the Jeonyang-nam City.
1. Since Party A and Party B entered into an investment agreement on March 2009 with respect to the implementation of the above project, this agreement confirms that the agreement takes precedence over the previous investment agreement, which is an agreement to implement the above investment agreement.
2. A shall be 1.2 billion won as the amount of profit distribution under the said investment agreement to B.