약정금 지급 청구
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 9, 2016, the Plaintiff, representing D companies (hereinafter “D”) and the Plaintiff invested KRW 110,00,000 in D, concluding an investment contract with the effect that D purchased the subscription share of a company to be listed as the said investment fund, but sold it at a low price after listing, and pays the Plaintiff the proceeds by selling it.
B. On the same day, the Plaintiff prepared an agreement with Defendant C and the following contents (hereinafter “instant agreement”). The draft of the instant agreement was prepared and outputed by E. The Plaintiff signed the Plaintiff’s name printed on “user” column, and the Defendant C affixed the seal of each of the Defendant C’s respective Defendant C’s representative directors on the name side of the Defendant C’s name printed on the “user” column and the “joint and several surety” column printed on the “user” column.
The amount of KRW 110,00,000 deposited in the name of the Plaintiff in the existing D shall be lent to Defendant C in September 9, 2016.
The right of 110,000,000 won to participate in and invest in ELS AIP is against Defendant C.
Defendant C shall reimburse the Plaintiff KRW 110,000,000 by the end of September 2016.
The Korean Asset Trust IPO investment shall be delegated to the representative of the D Company E.
C. On September 10, 2016, the Plaintiff remitted KRW 110,000,000 to an account in the name of F Co., Ltd. as requested by E, but E was bound by the suspicion of acquiring investment funds by other investors, and as a result, the Plaintiff failed to recover the said investment funds.
[Reasons for Recognition] Evidence Nos. 1 through 3, 7, Eul evidence No. 5, witness E's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. The Defendants asserted by the Plaintiff 1 who affixed the instant agreement and agreed to reimburse KRW 110,00,000 to the Plaintiff by the end of September, 2016, in the event that the Plaintiff’s investment funds invested to D are not repaid, etc. by affixing the seals on the instant agreement. Defendant B Co., Ltd. shall be liable to the Plaintiff.