1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is a company that runs a housing construction business, etc., and the defendant is a company that runs a real estate consulting business, etc., and a limited partnership C (hereinafter referred to as "C") is a parent company of the plaintiff.

The Plaintiff and the Defendant agreed to make an investment of KRW 2 billion (hereinafter “instant investment”) to the Plaintiff with respect to the new apartment construction business of Gwangju Institute, but the remaining KRW 1.8 billion after deducting KRW 200 million as a prior interest shall be paid. The Plaintiff agreed to return the investment principal amount to the Defendant, KRW 2 billion and KRW 1.0 billion.

On December 21, 2012, the Plaintiff and the Defendant entered into a business investment agreement (hereinafter “instant investment agreement”) with the following terms and conditions, and additionally set up a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the content that “the Defendant shall pay due date on December 21, 2012, the Plaintiff and the Defendant shall pay due date on January 7, 2014, and shall lend damages for delay to the Plaintiff at 20 billion won per annum, and C shall jointly and severally guarantee the Plaintiff’s obligation” (hereinafter “notarial deed of this case”).

The plaintiff and the defendant enter into this business investment agreement with respect to new apartment construction projects scheduled to be built in Gwangju D, by mutual agreement on the following matters:

1. Amount of business investment: 2 billion won;

2. Final profits: One billion won.

3. Method of Method of Repayment of Investment Funds and Profits - Amounting to two billion won of the investment fund and one billion won of the profit shall be determined and guaranteed by the plaintiff to the defendant.

- In principle, the principal amount of KRW 2 billion shall be repaid within one year, but when the sale rate of the above apartment has been achieved 60%, the preferential repayment rate shall be the first priority in consultation with the plaintiff and the defendant.

- The profit amounting to one billion won shall be the settlement key within three months after the completion of the apartment, and if there is a dividend of the profit prior to the completion of the apartment, it shall be the distribution key through mutual consultation.

- After approval for the invitation of occupants, the defendant has sold the apartment amounting to 2 billion won.