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1. The defendant shall pay to the plaintiff KRW 1,132,438,356 and KRW 300,000 among them, from September 30, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On May 30, 2003, upon the Defendant’s recommendation, the Plaintiff invested KRW 1.2 billion in the business related to the construction of the E Apartment located in Chuncheon City, which is implemented by D through C, and the Defendant also invested KRW 1.8 billion in the said business executed by D through C.
B. D received an investment of KRW 3 billion as above, and paid KRW 300 million equivalent to 10% of them to C as an intermediary fee.
C. Since then, the Plaintiff urged C, D, and the Defendant to return the investment amount, and received KRW 1 billion from D as the refund of the said investment amount from November 5, 2003.
However, the confirmation document written by D as of May 31, 2004 indicates that D pays to the Defendant the sum of KRW 1.22 billion in the Plaintiff’s loan and interest KRW 1.2 billion in the Plaintiff’s loan title. D
On October 2004, the Plaintiff filed a complaint with the Defendant and C on charges of fraud, etc. to the effect that the Defendant returned only one billion won, which was part of the Plaintiff, to the Plaintiff, even though the Defendant received KRW 1.22 billion from D as the refund of the Plaintiff’s investment deposit, and embezzled the remainder KRW 220 million without returning it.
E. On January 12, 2005, the Defendant paid KRW 300 million to the Plaintiff; however, on April 30, 2005, the remaining KRW 200 million shall be paid as of June 30, 2005; when the payment of the above amount is delayed, 3% interest per month shall be paid; in order to prove this, a monetary loan contract shall be notarized; and on the same day, the Plaintiff made an agreement to withdraw a complaint against the Defendant (hereinafter “instant agreement”); on the same day, the Plaintiff drafted a notarial deed of money loan contract (No. 56, 2005, No. 2005, No. 2005, No. 2005, hereinafter “notarial deed”).
F. Meanwhile, the Plaintiff, from C, is a forest in the above two lots with a size not exceeding 52,860 square meters in Fancheon-gun, Gohap-gun, and 52,650 square meters in G forest in the same Gun.