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1. The Defendant’s KRW 40,000,000 as well as annual 5% from December 5, 2013 to July 16, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 2008, the Plaintiff and the Defendant jointly agreed to jointly acquire the ownership of the D Building and F Building in Seo-gu, Seo-gu, Chungcheongnam-gu (hereinafter referred to as “instant real estate”) and to jointly implement a project to develop into G “G” (hereinafter referred to as the “instant agreement”), and the main contents are as follows.
Article 1 The plaintiff and the defendant shall develop the following real estate into G:
1) Development real estate indication - D building in Cheongju-si Cheongju- Form 2) Development - Implementation and sale: terms and conditions of development - Construction and construction design expenses, taxes and public charges (interest on loans and electricity taxes, etc.) and sales expenses, shall be settled in the top priority at the time of sale in lots. - The Plaintiff shall include 300,000,000 won in project expenses. - The development gains of Article 2 G shall be settled after the completion of development and settlement as follows. The Plaintiff and the Defendant, as stated in Article 1, will complete development, settle the development as well as make development gains to 1/2. The Plaintiff and the Defendant did not undertake remodeling the instant real estate in accordance with the instant agreement, and did not have any dispute over the distribution of the instant real estate within 15,00,000,000 won and interest thereon to the Defendant.
2. Determination as to the cause of claim
A. The plaintiff asserts that the defendant is obligated to settle the amount invested by the plaintiff for the development project under the agreement of this case and that the due date has arrived.
B. The instant agreement has a separate provision that differs from the due date for the settlement of accounts, and thus, the obligation to settle accounts under each provision arose and the due date is the same.