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1. The Defendants jointly and severally pay to the Plaintiff’s Intervenor KRW 337,932,670 as well as the full payment from May 31, 2013.
Reasons
1. Facts of recognition;
A. On February 6, 2012, the Plaintiff, Defendant D, and E concluded a partnership agreement on the new construction and sale business of multi-family housing, the Plaintiff established a FF Co., Ltd. (hereinafter “F”) with Defendant D’s representative director in order to carry out the said business on February 10, 2012.
B. According to the above business agreement, the Plaintiff contributed money to F as a means of investment, etc., and F newly built an apartment house (hereinafter “instant building”) on the ground, such as 1,983m2, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju as the owner of the building, Defendant C, who is the partner of Defendant D, as the owner of the building.
C. Around March 2013, the Plaintiff and Defendant D and E, representing Defendant C, agreed to settle the said agreement (hereinafter “instant agreement”) with the following content, and Defendant D jointly and severally guaranteed the obligations under the said agreement.
1. Defendant C pays KRW 300,000,000 for the first payment out of the balance to be paid to the Plaintiff by Defendant C, 658,157,625, to the Plaintiff on March 18, 2013. At the same time, Cheongju District Court’s provisional seizure of real estate No. 2013Kahap94, the provisional seizure of real estate subject to provisional seizure, excluding KRW 1,323,00,00,00 for the second payment, is withdrawn.
2. Of the balance 358,157,625 won after the implementation of the foregoing paragraph (1), KRW 26,157,625 won shall be paid to the Plaintiff on April 10, 2013, and KRW 32,000,000 shall be paid until May 30, 2013 (the interest on loans to the domestic Saemaul Depository by the payment date for the said money shall be borne by Defendant C), and at the same time, the Cheongju District Court 2013Kahap94, Cheongju District Court 2013Kahap94, which is the object of the provisional seizure against real estate, withdrawal of provisional seizure on the 1,32 square meters in Seo-gu, Seo-gu, Seo-gu, Cheongju.
3. The repayment shall be completed within one month after the completion of the new construction work of the building of this case.
(Provided, That the foregoing construction is not implemented, or the due date for the delay of construction is December 30, 2013). 4. Defendant C.