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1. As to KRW 111,286,524 and KRW 82,919,178 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 1, 2014 to February 16, 2016.
Reasons
1. Facts of recognition;
A. Co-investment agreement between the Plaintiff and the Defendant with respect to new construction of multi-household housing, and Plaintiff’s withdrawal 1) C is multi-household housing E (hereinafter “multi-household housing in this case”) on the ground D in Chungcheongnam-nam Budget-gun.
(C) to newly construct the Corporation (C) and to obtain a construction permit in the name of F, his or her dependent.
(2) Between G and H, the construction contract was concluded between G and H on the construction cost of KRW 1.920 million with the purport that G and H would construct the said multi-household house. (2) The Plaintiff and the Defendant agreed to invest in the instant multi-household house construction project and distribute profits (hereinafter “instant joint investment agreement”). Around July 2013, the Plaintiff and the Defendant concluded an agreement with C to succeed to the status of G and H’s contractor under the said construction contract (where the said multi-household house was newly constructed by first spending the construction cost, the Plaintiff and the Defendant would preferentially cover the money borrowed as security or the sales price to the construction cost). The construction cost was paid for the construction of the said multi-household house.
3) Of that, the Plaintiff and the Defendant agreed that the Plaintiff withdraw from the instant joint investment agreement around December 2013. On December 31, 2013, the Defendant agreed that the Plaintiff would withdraw from the instant joint investment agreement, and on February 28, 2014, the Plaintiff is KRW 130 million until February 28, 2014 as indicated below (hereinafter “instant agreement”).
(1) A letter of intent to pay (hereinafter referred to as “instant letter”)
The Defendant, on March 3, 2014, paid KRW 20 million out of the instant contract amount to the Plaintiff on March 3, 2014. The written confirmation (each written A waives profit after the construction).
To ensure in B December 1, 2013 130,000,000.
BSignature, A’s signature
1.10 million won (130,000,000) B shall be secured;
2. The expenses will be promised to pay 20,000,000 on the new profit to waive the profit.
3. From December 31, 2013 to February 28, 2014, the period is 130,000,000 to December 31, 2013.
ASignature B
B. The Plaintiff’s mother, the Plaintiff’s mother, is the damage claim in lieu of the defect repair in the Plaintiff’s building.