On January 7, 2015, the Plaintiff concluded a joint project promotion agreement with the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) to invest in the business of Samsung glass Industries Co., Ltd., and X-Slu, and entered into a joint project promotion agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

B. Upon receiving an additional investment of KRW 100,000 from the Plaintiff, the Defendant Company promised to return KRW 100,000,000 to the Plaintiff when the project implementation was failed (hereinafter “instant undertaking”).

C. The Defendant Company failed to undertake the project to replace the street lamps.

2. According to the above facts of recognition, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 100,000,000 and damages for delay calculated at the rate of 15% per annum from November 3, 2016 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case.

The Plaintiff, upon signing the instant letter of undertaking (Evidence A 2) by Defendant B, personally and severally promised to return KRW 100,000,000 with the Defendant Company. As such, Defendant B also has a duty to pay the said KRW 100,000,000 with the Defendant Company.

We examine.

In light of the fact that there is a private person under Defendant B in the evidence No. 2, but the private person following the name of “B” of the Defendant Company cannot be deemed to have been jointly and severally liable with the Defendant Company, etc., it is insufficient to recognize that the Defendant B agreed to return the above KRW 100,000,000 on the sole basis of the statement of evidence No. 2 and the testimony of the witness C, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.