투자금반환 등
1. Of the judgment of the first instance, the part against Defendant C, including the claim expanded by this court, is as follows.
1. Basic facts
A. The plaintiff is the person who is the defendant C.
On March 13, 2008, Defendant C acquired two-wheeled automobile business from Nonparty Q, and established Defendant B Co., Ltd. (hereinafter “Defendant Company”) for the purpose of wholesale and retail and repair of two-wheeled automobile, and sales of parts products.
Defendant C’s representative director, his wife D, and the Plaintiff were appointed respectively.
B. From March 2008 to October 31 of the same year, the Plaintiff invested a total of KRW 300 million in the Defendant Company as a fund for establishment and operation.
On December 4, 2008, Defendant C prepared and delivered to the Plaintiff a promissory note No. 300 million won at a face value and on October 31, 2008, the date of issuance, and on October 31, 2008, a promissory note No. 300 million won for the operation of the Defendant Company. At the end of the said notarial deed, Defendant C stated the terms of the agreement that “the settlement of net profits for the operation of the Defendant Company shall be distributed at a rate of
(hereinafter referred to as the above investment and profit distribution agreement of this case is referred to as the “instant investment agreement”).
On September 11, 2013, the Plaintiff filed the instant lawsuit with the Defendants seeking the termination of the instant investment agreement and the return of the investment amount. On September 16, 2013, the said complaint was served on the Defendants on September 16, 2013, and the instant investment agreement terminated around that time.
Meanwhile, from March 2008 to December 2012, Defendant C paid to the Plaintiff KRW 1750,000 to KRW 113,100,000,000 per month, and thereafter, from January 2013 to July 2014, Defendant C paid KRW 36,000,000 per month for a total of KRW 18 times per month. The money paid prior to November 28, 2014, which was in the first instance trial, was returned the principal of the investment, and paid KRW 150,90,000 in balance of the remaining principal of the investment (= KRW 300,000 - KRW 113,100,000 - KRW 36,000 in - KRW 36,000) and KRW 9,384,740 in interest for delay.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 13, 15, and 16, witness E of the first instance trial, and all pleadings.