1. The Defendant shall pay to the Plaintiff KRW 319,402,685 and the interest rate of KRW 15% per annum from April 6, 2016 to the date of complete payment.

Facts of recognition

On December 1, 2002, the Plaintiff and the Defendant’s investment agreement entered into an investment agreement with the Defendant to construct and sell apartment units and divide profits by 50% each (hereinafter “instant investment agreement”). On May 10, 2003, the Plaintiff entered into a joint agreement with the Defendant on December 10, 2003.

The Plaintiff’s investment bond investment obligation was KRW 200,000,000,000,000.

However, upon the Defendant’s continued additional investment request, the Plaintiff invested KRW 699,402,685, as stated in the attached Table.

All decisions on the project under the investment agreement of this case, which was not performed by the defendant under the investment agreement of this case, were executed by the plaintiff and the defendant under the agreement of the defendant

However, the Defendant received 69,402,685 won from the Plaintiff and did not perform the obligation of the Investment Agreement, and instead independently run the business, and returned only 380,000,000 won out of the said investment amount to the Plaintiff who resisted the said obligation. The Defendant did not contact the Plaintiff at present.

[Ground of recognition] Each statement of Gap evidence Nos. 1 through 7 (including a paper number), witness D's testimony, and the purport of the entire pleadings, the original defendant entered into the association agreement to carry out the purpose of the investment agreement of this case. However, since the defendant's association relationship was dissatisfyed by disregarding the agreement under the investment agreement of this case and operating the above business independently, and the part of the investment amount was returned to the plaintiff, the plaintiff can seek the return of the amount invested by the plaintiff by claiming dissolution of the association for unavoidable reasons and calculating the withdrawal from the association.

Therefore, insofar as the Plaintiff’s claim for dissolution and the application for modification of the cause of the claim, which contained the Plaintiff’s claim on April 4, 2016, were delivered to the Plaintiff, the Defendant received the Plaintiff’s return from KRW 699,402,685.