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1. Defendant C’s KRW 70,000,000 and the Plaintiff’s annual rate of KRW 5% from May 25, 2005 to May 4, 2013.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged pursuant to the purport of Gap evidence No. 1 to Gap evidence No. 7, and Gap evidence No. 12 and the whole pleadings:
On August 21, 2004, the Plaintiff entered into an investment contract with the E Co., Ltd., the representative director of which is Nonparty D (hereinafter “E”), with the content that the Plaintiff and two other parties would invest funds in the F apartment new construction project promoted by E and receive business shares.
The name of the business: The location of the F apartment new construction project: G and 11 E representative director D shall be referred to as "A," and two others, including the plaintiff, shall be referred to as "B."
A and B agree on the project above as follows:
1. The amount of investment (including land at a business place) by Party A shall be seven billion won;
2. Eul shall, upon agreement, pay 300 million won to Gap as down payment and shall additionally pay 700 million won in cash within 30 days after agreement.
3.2 billion won out of the balance of 6 billion won shall be succeeded to B as the price for the project site.
4.3 billion won out of the balance of 4 billion won shall be determined in consultation, taking into account and after consultation the circumstances of the lien in the location of the property Gap proposed among the real property Eul, and the pricing criteria shall be agreed.
10. A and B shall jointly address and resolve any part of the accounts arising out of the existing claims, using the substitute paid by them to them.
12. The affairs related to Gap's existing lien and credit (any substitute part paid to Eul) shall commence consultations simultaneously with the preparation of a written agreement and terminate them within 90 days.
B. The Plaintiff is the owner of the H site and ground commercial building in Gwangju-si (hereinafter “instant real estate”) and multi-household A, 301, Sungnam-si, Sungnam-si, and multi-household A, and one parcel of land (hereinafter “instant second real estate”).
C. The Defendants concluded a sales contract with D representing the Plaintiff (hereinafter “each of the instant sales contracts”) with the following contents, and each of the instant real estate in the name of the Defendants.