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1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual interest from October 1, 2008 to June 4, 2018, and the following.
Reasons
1. Basic facts
A. On April 14, 2008, the Plaintiff paid KRW 100,000,000 to the Defendant by means of account transfer and cash delivery on April 14, 2008. On the same day, the Defendant prepared a loan certificate stating “The amount of KRW 100,000,000 for borrowed money: the period of borrowing from April 14, 2008 to the expiration date of both contracts, and the said amount shall be later agreed on the return of principal, and the said amount shall be later borrowed from the Defendant) to the Plaintiff.”
B. On September 30, 2008, the Plaintiff paid KRW 200,000,000 to the Defendant by means of account transfer, check, and cash delivery between September 25, 2008 and September 30, 2008. On September 30, 2008, the Defendant: (a) on September 30, 2008, borrowed the above amount from A (Plaintiff) on September 30, 2008 and delivered it to the Plaintiff.
C. The purpose of this contract is to stipulate, in the context of the defendant and the plaintiff, the overall matters concerning the tin mining business, etc. under the supervision of the defendant, to observe the terms and conditions of this contract based on mutual trust and to contribute to common interest and development.
Article 4 (Subject Matter) (1) Contract : The location of the mine in the tin mine in whole 2) : The name of the company in Geumsan-gun, Chungcheongnam-do: Article 5 (Mining Concession Shares) 1) The plaintiff shall make an investment of KRW 100,000,000 in the defendant's mining right shares.
2) The Defendant’s share of the mining right in Article 4(2) shall be transferred to the Plaintiff 10% of the Defendant’s 30% profit earned from D Co., Ltd. (hereinafter “the Plaintiff”). 3) The Defendant’s share in the mining development right (mining concession) of D Co., Ltd. in Article 4(2) and 10% of the Defendant’s profit shall be transferred to the Plaintiff.
Article 6 (Operation and Management) The Defendant shall be responsible for the operation and management of all tin mines, and the Plaintiff shall be liable for legal matters or days out of the field operation and management.