약정금 등
1. The Defendants jointly share KRW 50,000,000 with respect thereto to the Plaintiff and the period from March 23, 2019 to May 31, 2019.
1. In full view of the overall purport of the pleadings as to the claim for the return of investment amount against the Defendants, the Plaintiff agreed to invest KRW 50 million in the business promoted by the Defendants on March 13, 2016 (Article 3 of the above Investment Agreement, but the Plaintiff becomes the Plaintiff and the Defendant Company B in form; ① Company B is a one-person company under the intent of Defendant C; ② the Plaintiff’s decision on investment is deemed to have been an interference with the personal relationship with Defendant C and the trust with Defendant C; ③ the said investment amount was deposited into Defendant C account, not in the name of Defendant B; and ③ the said amount was deposited into Defendant C’s account, not in the name of Defendant B.) In full view of the aforementioned circumstances, it is reasonable to deem that the Defendant also fell under the subject of the above Investment Agreement together with the Defendant Company C.). According to the above agreement, the Plaintiff deposited KRW 50 million in the account in the name of Defendant C on March 24, 2016.
In addition, according to the above investment agreement entered into between the Plaintiff and the Defendants, the Plaintiff can seek the return of the investment amount after the lapse of two years from the date of investment (Article 7), and the fact that the instant complaint was served on the Defendants on March 22, 2019 is apparent.
Therefore, the Defendants jointly do so to the Plaintiff at least KRW 50 million and the following day after the instant complaint was served on the Defendants by the Plaintiff. From March 23, 2019 to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Article 3(1) main text of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); 15% per annum as stipulated under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, Jun. 1, 2019).