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1. Defendant B shall pay 78,500,000 won to the Plaintiff and 20% per annum from November 6, 2014 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B is a person who worked as a licensed real estate agent in E-real estate located in Kimpo-si D, and Defendant C is a person who introduced Plaintiff and Plaintiff’s husband F to Defendant B and was in the same business relationship with Defendant B.
B. On March 14, 2012, the Plaintiff and the Defendants entered into an investment agreement (hereinafter “instant agreement”) with the Defendants to create and sell approximately KRW 3,850 (3,850) of Kimpo-si or H forest land as a factory site. The Plaintiff invested KRW 100,000 in order to create the site for eight to twelve months, and to pay KRW 50,000,000 to the said invested principal when the instant land is sold and sold (hereinafter “instant agreement”).
C. On March 16, 2012, the Plaintiff delivered KRW 100,000,000 to Defendant B in accordance with the instant agreement.
On June 5, 2012, Kimpo-si issued a non-approval disposition on the application for new construction approval of the instant land on the ground of improper factory location, taking into account surrounding conditions, such as green storage, preservation of agricultural and forest areas, prevention of difficult development, etc.
E. Although one year has passed since the Plaintiff entered into the instant agreement, the factory site construction procedure did not proceed, and the investment amount was not returned, and as Defendant B resisted the Defendants, Defendant B prepared and issued a loan certificate stating that “10,000,000 won shall be paid in full by January 31, 2014 to the Plaintiff on October 9, 2013.”
F. Meanwhile, Defendant C paid each of the Plaintiff KRW 5,00,000,000 on January 29, 2014, and KRW 16,500,000 on April 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 4, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
(a) Claim on October 9, 2013 (Evidence A(5) of the No. 1460, Oct. 9, 2013
(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act, which are the basis for recognition (a judgment made by a person who is deemed as a confession)
C. Defendant B, as the Plaintiff seeks, to pay KRW 78,500,000 to the Plaintiff.