손해배상(기)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport and purport of the appeal [the purport of the appeal]
1. The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 8, and Eul evidence No. 1.
A. On April 2016, the Plaintiff first became aware of the Defendant and E while taking over a marina shop operated by the Defendant.
B. At the time, the Defendant, in addition to the Plaintiff, is running the business of selling a wireless card settlement terminal called “J”, and became well-known, and the Plaintiff, who had interest, sought the Defendant to establish the branch office.
(c)
Since then, the Plaintiff deposited KRW 6 million in the national bank account in the name of the Defendant for the purpose of opening the above radio card settlement terminal sales vice governor, and deposited KRW 40 million on May 16, 2016, and deposited KRW 34 million on June 15, 2016, and wired KRW 40 million in total.
(d)
On the other hand, on May 30, 2016, the Defendant established D Co., Ltd. (hereinafter “D”) to import and sell the “C” products clean for women produced in Indonesia, and strongly recommended the Plaintiff to invest in the said business.
Accordingly, the Plaintiff decided to invest KRW 150 million in total, and converted the said KRW 40 million into the investment amount. In addition, on August 6, 2016, the Plaintiff additionally remitted KRW 50 million to the national bank account under the Defendant’s name (total amount of KRW 90 million) and subsequently subsequently paid the remainder of the investment amount.
(c)
On August 23, 2016, the Plaintiff, the Defendant, E, F, and G drafted “D share agreement” (hereinafter “instant share agreement”).
Among them, the contents of the instant case are as follows:
Article 1 (Extent of Equity Interest) The defendant shall make an investment of KRW 50 million in capital and shall make an investment corresponding to 35% of the shares of the company.
E is a non-capital share of which is equivalent to 20% of the shares of the Company.
F The equity interest in capital is equal to 20 per cent of the Company’s shares.