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1. The Defendant’s KRW 135,608,878 as well as 5% per annum from February 12, 2014 to December 11, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On July 30, 2013, while the Plaintiff Company promoted a new urban-type residential house construction project on the fourth floor above the second floor above the ground, such as Daegu Suwon-gu C, the Plaintiff Company entered into an agreement with the Defendant to return the total amount of KRW 500 million by adding the amount of KRW 200 million from the end of October 2013 to the amount of KRW 300 million, as follows:
(hereinafter referred to as “instant investment agreement”). Article 4 of the MOU of Construction Project Investment Understanding (Return of Principal and Distribution of Profit)
1. The defendant shall return the principal of the investment in accordance with the following schedule:
- 500 million won - The full amount after sale shall be refunded until the completion of October 2013.
2. The Plaintiff Company shall pay to the Defendant the amount of its investment and its profits by the due date set forth in Section 1 of Article 4 above to the Defendant as a completion loan of the on-site.
Article 7 (Matters of Special Agreement) In addition to the above general provisions, the defendant and the plaintiff company shall determine the following matters as the special agreement, and if the special agreement conflicts with the main sentence, the special agreement shall prevail later.
1.No amount subsidized other than for the purposes of the above construction shall be used.
3. Where profits from sale occur before completion, financial rights loans shall be repaid immediately after excluding such loans.
Special Agreement: Deposit in the E (Representative D) of part of the funds;
B. In accordance with the instant investment agreement, the Defendant delivered to the Plaintiff Company KRW 130 million on July 31, 2013, KRW 20 million on August 19, 2013, KRW 70 million on August 19, 2013, and KRW 300 million on September 2, 2013.
C. Since then, the Plaintiff Company paid to the Defendant KRW 10 million on October 30, 2013, ② KRW 3 million on November 20, 2013, ③ KRW 5 million on November 26, 2013, ④ KRW 10 million on November 29, 2013, and ⑤ KRW 200 million on January 14, 2014, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 3, 5, Gap evidence 4-1, 2, Eul evidence 1, the purport of the whole pleadings
2. The case.