투자금반환 등
1. The Plaintiff:
A. As to Defendant B and C’s joint and several KRW 425,261,757 and its KRW 400,000,000 among them, Defendant B and C shall be jointly and severally liable for the payment of KRW 425,261,757
1. Claim against Defendant B, C, and E
(a) Indication of claims: To be as shown in the reasons for the claims;
B. Article 208(3)3 of the Basic Civil Procedure Act (amended by service by public notice)
C. Some of the dismissed parts of the Plaintiff claimed damages for delay from December 30, 2013 as to the investment amount of KRW 300,000,000 and KRW 100,000,000 from the business lease deposit of the cosmeticS Partnership. However, there is no evidence to deem that the Defendants are liable for delay from the above point of time of the Plaintiff’s assertion, and there is no evidence to prove that the Plaintiff sought the return of the above money against the Defendants before the instant lawsuit was filed. Thus, the damages for delay from the above point of time until the delivery date of the duplicate of the complaint of this case is dismissed as it is without merit.
2. Claim against Defendant F;
A. 1) On December 14, 2012, the Plaintiff: (a) from part 3 of the 3rd floor of the Bupyeong-gu Incheon Bupyeong-gu G commercial building, the estimated land for the Hewale (hereinafter “instant cover”).
(30 million won is invested from December 14, 2012 to December 14, 2014 by Defendant B, C, and E, and the Plaintiff operating the investment agreement to guarantee the principal of the investment and to pay 15 percent of the operating revenue of the investment sheet in each month to the Plaintiff as the investment return (hereinafter “instant investment agreement”).
At the time, Defendant B, D, and E decided to return KRW 300 million to the Plaintiff when the investment was terminated or when the investment was terminated due to other circumstances, and Defendant F jointly and severally guaranteed this. 2) The Plaintiff deposited KRW 300 million to the Defendant B’s account pursuant to the said investment agreement.
3) On December 30, 2013, Defendant B, C, and E transferred to I all the sales rights of the instant cover sheet to the I. (Evidence No. 1-1, No. 2-1, No. 2-2, and No. 5-1, and No. 5-2 of the grounds for recognition, respectively, and the purport of the entire pleadings.
B. According to the above facts of recognition, Defendant B, D, and E transferred to I the sales right of the instant cover of the investment contract, which is a third party, on December 30, 2013, the instant investment agreement.