1. The defendant shall pay 120,000,000 won to the plaintiff and 15% per annum from February 20, 2017 to the day of complete payment.

1. Facts of recognition;

A. On August 31, 2012, the Plaintiff entered into a share investment contract with the Defendant, which had been operating a business with a specialized store in Asan City in the name of “D”. In return, the Plaintiff invested KRW 200,000,000 to the Defendant, and in return, received 20% of the share in the said business and received operating profits equivalent to the said share every month.

(2) The Plaintiff paid KRW 200,000 to the Defendant the amount of KRW 40,000,000,000, which should be paid as a profit on July 31, 2013. Accordingly, the Plaintiff became the Plaintiff’s investment amount of KRW 240,00,000,00 in total.

B. Since 2014, income has decreased due to the Defendant’s business depression, the Plaintiff and the Defendant decided to terminate the instant equity investment contract.

Accordingly, on February 16, 2015, the parties agreed to pay KRW 220,00,000 to the Plaintiff as the settlement amount (hereinafter “instant settlement agreement”), and on February 17, 2015, the Plaintiff received KRW 100,000,000, out of the settlement amount, from E on February 17, 2015.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1 through No. 3, and the ground for appeal

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay to the plaintiff 120,000,000 won remaining after deducting 100,000,000 won already paid out of the settlement agreement amount to the plaintiff, unless there are special circumstances.

B. As to this, the defendant asserts that all of the settlement agreement was paid.

In other words, the defendant ordered E to pay 220,000,000 won to E, and the plaintiff and E are treated as having repaid the full amount of the settlement agreement, and the plaintiff and E separately borrowed 120,000,000 won from the settlement agreement amount.

(b).