약정금반환 등
1. Defendant C’s KRW 50,000,000 and its amount are 5% per annum from May 3, 2013 to July 7, 2017.
Plaintiff
On April 30, 2013, when the Defendants invested KRW 50,000,00 from Defendant D’s office to the Plaintiff, the Defendants kept in custody until May 2, 2013. The Defendants, during the said period, agreed to pay KRW 50,00,000 to the Plaintiff at least KRW 200,000 in return for the increase of the Defendants’ capital.
Accordingly, the Plaintiff paid KRW 50,000,000 to the Defendants and kept them. However, the Defendants arbitrarily consumed the said KRW 50,000,000 and acquired it by fraud.
Therefore, the Defendants, a joint tortfeasor, are jointly liable to pay the Plaintiff KRW 50,000,000 and the damages for delay.
The indication of the claim against Defendant C as to the “a summary of the Plaintiff’s claim” as indicated above.
According to the evidence Nos. 1, 2, and 3 of the Civil Procedure Act (amended by service by public notice) of Article 208(3)3 of the applicable provisions of the Acts, the Plaintiff withdrawn KRW 50,00,000 from a cashier’s check on April 30, 2013; Defendant C, on April 30, 2013, issued a written agreement stating that “Defendant C shall prepare a funding contract with the Plaintiff and return KRW 50,000,000 deposited to Defendant D” (hereinafter “instant written agreement”); and “The Plaintiff’s name and seal No. 50,000,000 won deposited to the Plaintiff” are written and sealed by Defendant D’s each of the following documents.
However, on the other hand, the evidence mentioned above, and Eul's statement of Nos. 1 through 5 (including the number of branch numbers; hereinafter the same shall apply) are comprehensively taken into account the purport of the whole pleadings.