1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the appointed party.

1. Basic facts

A. A. Around June 5, 2012, Defendant Company: (a) received investment from the Plaintiff in KRW 200 million for construction of a tenement house on the land outside B and two parcels of land outside Jeju, and (b) made payment to the Plaintiff of KRW 300 million in total, including KRW 200 million in investment and KRW 100 million in profit, within ten (10) days from the date on which the preservation registration was completed after the completion of the construction (hereinafter “instant agreement”); (c) prepared a sales contract on the apartment house that will be constructed as a security therefor, and delivered it to the Plaintiff; and (d) on the same day, Defendant (Appointed Party) made joint and several debt obligations against the Plaintiff by the Plaintiff on the same day.

B. Pursuant to the instant agreement, the Plaintiff transferred the sum of KRW 100 million around June 5, 2012, KRW 20 million around August 29, 2012, KRW 30 million around September 27, 2012, KRW 50 million around November 29, 2012, and KRW 200 million to the account of the Defendant Company.

C. The Defendant Company completed the registration of ownership preservation on April 29, 2013, and completed the registration of ownership preservation, and repaid KRW 200 million to the Plaintiff on May 16, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including a branch number if there is a serial number) and Eul evidence 1 to 6

2. Determination

A. According to the above facts finding as to the cause of the claim, the Plaintiff paid KRW 200 million to the Defendant Company, and the Defendant Company completed the construction of the apartment house and completed the preservation registration on April 29, 2013. Thus, barring any special circumstance, the Defendant (Appointed Party) and the Defendant Company are jointly and severally liable to pay to the Plaintiff the amount of KRW 100 million of profit pursuant to the instant agreement and the damages for delay calculated at the rate of 20% per annum under the Civil Act from May 10, 2013 to December 17, 2013, the delivery date of a copy of the instant complaint, from the next day to the date of the delivery of a copy of the instant complaint, to December 17, 2013, and from the next day to the date of full payment.

B. Determination as to the Defendant (Appointed Party)’s assertion