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1. The defendant
A. As to each of the KRW 36 million and KRW 30 million among the Plaintiff (Appointed Party) and the Appointed B, May 2015.
Reasons
1. Facts of recognition;
A. On November 26, 2014, the Plaintiff (Appointed) and the designated parties entered into an investment agreement with the Defendant (hereinafter “instant agreement”).
The defendant and the investor shall make an investment in the right of retention of the following real estate (hereinafter referred to as “instant real estate”) and shall mutually agree and sign and affix a seal thereon with the aim of establishing roles and responsibilities arising therefrom:
Article 1 (Goods Subject to Joint Investment) Case Number H (101, 210, 301, and 401) (150,000,000 investment amount) of Seodaemun-gu Seoul (101, 210, 301, 401) : Article 3 (Operation) (1) of the omission of any decision such as acquisition of lien and operation of lien and dividends, purchase, etc. at the time of progress of auction of the relevant real estate in the future shall proceed primarily on the basis of experience and know-how and, if necessary, in consultation with the investor.
(2) Expenses incurred in the purchase and operation of a lien (such as operating expenses, litigation expenses, various necessary and beneficial expenses, all other expenses, and expenses, etc.) shall be managed as investments.
(3) The transfer of a lien shall be subject to the transfer of the lien to the defendant and the investment of investors shall be made as a loan.
(4) The defendant shall explain to investors, in writing or orally, the progress, etc. at least once a month.
Article 4 (Distribution of Earnings) (1) The defendant shall pay to investors dividends of 20 percent after six months from the date of investment.
(2) Where a person fails to recover the proceeds of a lien within six months from the delay in sale, he/she shall make an agreement at the rate of 10% per annum on the principal on the date of receiving additional dividends)
Article 5 (Timing of Distribution of Profits) The defendant shall distribute profits to investors immediately after depositing the proceeds of sale of the lien to such investors.
Article 6 (Termination or Disposition of Contract) (1) An investor shall not demand the return of the principal invested in the termination even before disposing of the right of retention.
(2)