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1. The Defendant’s KRW 112,292,237 as well as the Plaintiff’s annual rate of 6% from November 19, 2019 to August 19, 2020, and the following.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) decided to construct a new building on the land outside the Busan Suwon-gu E and one parcel.
(hereinafter “instant business”). The Defendant is a representative of C and a shareholder who owns 49% of the shares of the said company.
B. Around November 2016, the Plaintiff made an oral agreement with the Defendant and D to invest in the instant business. Around August 2017, the Plaintiff drafted an investment contract with C, D, and the Defendant (hereinafter “Defendant, etc.”) with the following content (hereinafter “Defendant, etc.”).
(2) The term “instant contract” refers to the term “instant contract” and the term “instant contract. The term “the amount invested (2) KRW 700,000,000 (3) investment time of KRW 2000,000,000,000,000,000,000 won for each contract. The remainder shall be paid to the Plaintiff only for the principal of the investment, on December 22, 2016, an earning rate of 40% (2), per annum 40% investment period (4), from December 30, 2016 to November 7, 2016 (3), where a special agreement (6) was entered into on December 30, 2016 (3).
[Attachment 1: Details of the instant contract]
C. The Plaintiff, according to the instant contract, remitted the amount of KRW 20 million on November 7, 2016, KRW 300 million on December 22, 2016, and KRW 200 million on January 13, 2017 to the accounts designated by the Defendant, etc., respectively. The Plaintiff recovered KRW 400 million on February 21, 2018, and KRW 700 million on April 16, 2018, respectively, from each of the invested principal.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff, the Defendant, etc. entered into the instant contract and invested KRW 700 million to the Defendant, etc., the Defendant, etc. agreed to pay the Plaintiff a return on investment by 40% per annum.
(Article 2) (Article 2). The Plaintiff only received a return of the investment principal from the Defendant, etc., but did not receive any profit at all.
Defendant, jointly and severally with C and D, as to KRW 336,876,712 KRW 400 million to the Plaintiff, the profits from December 31, 2016 to February 20, 2018 182,356.