1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate from September 30, 2016 to July 11, 2017, and the following.

1. Part on the assertion of investment amount

A. A. Around February 2012, the Plaintiff agreed to make an investment in a certain amount with the Defendant to resell apartment buildings, etc. and distribute profits therefrom after selling them. (2) In accordance with the agreement, the Defendant sold from C on April 25, 2012, the amount of KRW 5.3 million to KRW 20,000,000,000, and the Plaintiff invested in KRW 20,000,000.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1-7, the purport of the whole pleadings

B. 1) According to the above facts of recognition, the defendant is obligated to settle the income accrued from the resale of 20,000 won of the invested principal to the plaintiff, except in extenuating circumstances. 2) Furthermore, the plaintiff asserts that the plaintiff is obligated to settle the investment principal in addition to 20,477,418 won of the invested principal and the amount added to 20,47,418 won of the invested principal and the investment principal are based on this basis. 2) Since the defendant guarantees 1/2 of the investment interest to the plaintiff, the defendant is obligated to settle

However, since each statement in Gap evidence Nos. 2, 3, 12, and 14, which seems consistent with this, is difficult to believe it or it is insufficient to recognize the facts that the above evidence alone is alleged by the plaintiff, this part of the argument is rejected.

다. 피고의 주장에 관한 판단 1 울산지방법원 2014나6046 대여금 사건의 조정 성립에 따라 권리보호이익이 없다는 주장 ㈎ 조정은 당사자 사이에 합의된 사항을 조서에 기재함으로써 성립하고 조정조서는 재판상의 화해조서와 같이 확정판결과 동일한 효력이 있으며 창설적 효력을 가지는 것이어서 당사자 사이에 조정이 성립하면 종전의 다툼 있는 법률관계를 바탕으로 한 권리ㆍ의무관계는 소멸하고 조정의 내용에 따른 새로운 권리ㆍ의무관계가 성립한다.

The same effect as the final and conclusive judgment recognized in such a protocol extends only to the judgment on the existence of legal relationship.