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1. The Defendant’s KRW 300,000,000 as well as 20% per annum from May 7, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. (1) While the Plaintiff discussed the issue of selling a commercial building located in the Daegu Suwon-gu with the Defendant, the Plaintiff guaranteed the investment amount and the profit if the Plaintiff invested in the sales business of the officetel located in Changwon-si (hereinafter “instant business”), and received a proposal to recognize the said investment amount as the investment amount of the sales business of the Daegu-gu commercial building.
(2) On November 25, 201, the Plaintiff agreed to make an investment in D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”), which had been engaged in the instant business, paid KRW 250 million to D and E. As security of the said investment amount, concluded a sales contract for officetels 83 units in progress between D and E.
(3) In addition, the Plaintiff entered into the following contract with the Defendant and F on the same day, stating that “The Defendant and F will guarantee the payment of KRW 300 million totaling KRW 250 million and KRW 50 million invested by the Plaintiff by the end of January, 2012.”
(hereinafter “this case’s guarantee contract”). The name of the object: The amount guaranteed for G building in Changwon-si: the principal amount of KRW 250 million; KRW 50 million; KRW 50 million; KRW 300 million in total: the Plaintiff’s guarantor: F; and the Defendant’s and the Defendant shall guarantee the principal and the profits; and shall pay by the end of January 2012, the amount of KRW 250 million paid in connection with the purchase of the above goods.
In addition, 200 million won of the principal shall be recognized as the investment amount of the commercial apartment in Daegu Suwon-gu H apartment, and the amount shall be paid to the defendant and the F at the time of the progress of the commercial apartment business in H apartment, and the amount shall be paid KRW 500 million as the profits of the commercial in H apartment.In the course of the commercial in Daegu H apartment, 100 million out of the above amount guaranteed should be paid to the investors, and if the progress does not proceed to the investor
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul No. 1, 2, and .