1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 10, 2016, the Plaintiff agreed to develop the instant land as a housing complex, etc. and distribute the profits therefrom (hereinafter “instant investment agreement”) by purchasing 2,360 square meters, and 2,570 square meters, etc. prior to D, Nam-gun, Chungcheongnam-do (hereinafter “instant land”).

The main contents of the above Agreement shall be as follows:

① Of the purchase price of the instant land 640,000,000 won, the Plaintiff shall each bear the remainder of KRW 300,000,000,000, and the Defendant shall bear KRW 270,000,000.

② The Defendant shall pay the Plaintiff KRW 270,000,000 as above around August 10, 2016, and the construction cost of KRW 230,000,000 necessary for the new construction of electric source housing (three bonds) shall be paid in six installments according to the progress of construction work.

The plaintiff shall pay 100,000,000 won to the defendant's investment profit.

③ As to the instant land, the registration of ownership transfer and the provisional registration of the right to claim ownership transfer shall be made in the name of the Plaintiff.

④ If the Plaintiff is unable to repay the investment fund by February 10, 2017, the Plaintiff shall pay the Defendant an annual interest rate of 25% on the investment fund.

B. Around August 10, 2016, the Plaintiff prepared a loan certificate of KRW 270,000,000 and KRW 230,000,000 per annum, interest rate of KRW 25% per annum, and two copies of the loan certificate of KRW 2,00,00 per annum, stating the due date for payment as of February 10, 2017 (hereinafter “the instant loan certificate”), and issued it to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-1, 2-2, the purport of the whole pleadings

2. Determination

A. If the Defendant’s summary of the Plaintiff’s assertion pays KRW 230,000,00 as investment funds by the end of September, 2016, the Plaintiff would pay the investment funds and profits after newly selling the entire house within six months with the said investment funds.

On February 10, 2017, the new construction of the above electric source house was made the last end period around February 10, 2017, and it is impossible to sell the electric source house and redeem 230,000,000 won of the investment fund.

Therefore, the investment fund should not be repaid until February 10, 2017 of the instant investment agreement.