The judgment of the first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 14,152,833 as well as to the plaintiff from July 11, 2019.

Basic Facts

The Plaintiff is a person who lends money to the Defendant from November 2013 to several times, and the Defendant is a person who takes part in the management of E Co., Ltd. (hereinafter referred to as “E”) and takes part in the management of the E Co., Ltd. (hereinafter referred to as “E”) around April 2016.

E, around June 201, entered into a service contract with the committee for the promotion of housing redevelopment and rearrangement project in the district, and the consent to the establishment of the association was vicariously performed, and on July 6, 2016, the Housing Redevelopment and rearrangement Project Association in the district (hereinafter referred to as the “J Union”) was established.

On September 16, 2015, the Defendant entered into an agreement between the Plaintiff and the Defendant to pay KRW 347,600,000 (hereinafter “instant settlement amount”) to the Plaintiff when E received service costs from the J union by settling the details of financial transactions up to that time.

(hereinafter “instant agreement”). E was paid KRW 1,100,000,000 from the J Union on December 5, 2016.

On September 16, 2015, the committee of promotion of the plaintiff, E, and J association prepared an investment contract (hereinafter referred to as "related investment contract") with the following contents, while carrying out civil litigation related to the conclusion of investment contract:

Article 1 (Plaintiffs) shall invest KRW 300,000,000 in Byung (J Association Establishment Promotion Committee).

Article 2 Section B (E) is a maintenance and management service provider, and at the time of concluding a contract between the third parties for the loans of Party A, the amount of 51% of the profit shares of Party B shall be paid to Party A, and the timing for settling the profit shares shall be determined through mutual consultation.

Article 3

1. Byung shall repay 300,000,000 won loaned from Gap as the highest priority to the tender bond for the construction project after establishing the partnership; and

Article 5 Section B provides a joint guarantee for the repayment of the investment funds of Party A, and the representative F and actual managers of Party B, Defendant C, G and Vice-Chairperson H also assume the responsibility.

On January 10, 2017, the Plaintiff applied 300,000,000 out of the instant settlement amount to E and J associations.