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1. The Defendant’s KRW 42,017,040 as well as 8% per annum from November 4, 2018 to March 13, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 9, 2012, the Plaintiff joined the Plaintiff’s membership entered into a membership agreement with the Defendant and C Co., Ltd. (hereinafter “C”) as follows (hereinafter “member agreement”). A deposit of KRW 39,00,000 is paid to the Defendant, and the Defendant and C subscribed as a “D” member (individual with profit-making presses):
1) The Plaintiff entered into a lease agreement with the Defendant to lease KRW 39,360,00,00 in deposit deposit amount and KRW 39,000 in use period, and KRW 30,00 in use period. 2) In principle, the Plaintiff entered into an agreement with the Defendant that the Plaintiff would receive 1/7 shares of D building F located in Gangseo-si E (hereinafter “instant real estate”) from the Defendant in installments for three years instead of using the real estate listed in the instant paragraph 1 (i) (i.e., KRW 39,00,000 x 8% x 3 years) each year, instead of using the real estate listed in the said paragraph. 3) The Plaintiff completed a provisional registration agreement with the Defendant by setting the purchase price of KRW 39,00,000,000 in advance on November 9, 2015 on the date of completion of the pre-sale agreement, and completed part of the ownership transfer claim before December 17, 2012.
B. On October 5, 2015, the Plaintiff agreed to extend the Plaintiff’s membership period to October 8, 2020. The Defendant confirmed that a sum of KRW 260,600,000 per annum (taxes KRW 251,420) should be paid to the Plaintiff each month by applying the annual rate of return for five years until October 8, 2020. (2) The Defendant promised to pay the Plaintiff a sum of KRW 15,60,000 per annum with interest rate of KRW 8% per annum on the unpaid earnings on April 27, 2018.
C. The Defendant, around September 4, 2018, planned to pay the Plaintiff KRW 3,017,040,000, total amount of annual earnings until October 12, 2018, and if not, would terminate the membership agreement.