A. The Plaintiff asserted that the Plaintiff entered into an investment contract with Defendant B in accordance with Defendant C and D’s investment proposal and paid investment amounting to KRW 50 million. The Defendants agreed to pay KRW 850,000,000 per month to the Plaintiff on November 2, 2016, including the amount of paid-in capital and interest, on November 2, 2016.

Therefore, the Defendants are obligated to pay to the Plaintiff the total sum of KRW 57 million and interest KRW 2.5 million from November 2, 2016 to January 10, 2017.

B. Defendant B’s assertion that the project under the investment contract of this case was carried out by Defendant C using the name of Defendant B, and Defendant B did not conclude the said investment contract with the Plaintiff or agreed to pay the money as alleged by the Plaintiff.

C. The subject of a claim and obligation arising between Defendant D and Defendant D is not Defendant D but Defendant D E, and thus, Defendant D is a representative director, so it cannot respond to the Plaintiff’s claim.

2. Determination on the cause of the claim

A. The facts of recognition (1) Defendant C operated F business in the name of Defendant B, a spouse.

(2) Defendant C and D proposed that the Plaintiff make an investment to advance the business in China. The aforementioned Defendants’ explanations were made between Defendant C and D on October 27, 2014 with the Plaintiff’s investment in KRW 50 million, and the Plaintiff entered into an investment contract with the Plaintiff on October 27, 2014 with the content that the Plaintiff would pay the amount of 10% per annum prior to the commencement of the investment in China’s business. The contracting parties are Defendant B, the nominal owner of the said business, and Defendant C and D drafted the investment contract as the Defendant’s agent.

(3) The Plaintiff deposited KRW 50 million into Defendant B’s account in accordance with the said investment contract.

(4) However, Defendant C and D, who did not continue the aforementioned Chinese withdrawn project, did not properly proceed, on April 26, 2016, until September 2016, Defendant C and D until September 2016, the Plaintiff paid the amount of KRW 50 million and the accrued interest amount of KRW 4 million.