투자금
1. As to the Plaintiff’s KRW 84.5 million and KRW 34.5 million among them, the Defendant shall pay to the Plaintiff KRW 5 million from February 19, 2016, and KRW 50 million.
1. Basic facts (applicable for recognition: Facts without dispute, entries in Gap evidence 1, 2, 8, and 10, and purport of the whole pleadings);
A. C was the representative director of D Co., Ltd. from November 1, 2006 to December 3, 2012, 201, and the Defendant was established on March 27, 2014.
B. On March 5, 2010, the Plaintiff invested KRW 20 million to the non-party company on February 23, 2010, KRW 10 million on March 5, 2010, and KRW 50 million thereafter. The non-party company shall pay KRW 500,000 per annum to the Plaintiff a monthly amount of KRW 12%. If the Plaintiff wishes to recover the investment amount to the non-party company, the non-party company shall request in writing three months, and the non-party company shall return the investment amount to the Plaintiff within three months upon receipt of the written request (hereinafter “instant investment agreement”). Under the instant investment agreement, the Plaintiff transferred KRW 10 million to the account in the name of the representative director of the non-party company C, KRW 20 million on February 22, 2010, KRW 10 million on March 1, 201, KRW 300,000 on March 1, 2008.
C. On April 20, 2016, the Plaintiff filed a claim against the non-party company for the return of the investment amount (Seoul Southern District Court 2015dan6276; hereinafter “instant related case”) seeking the payment of KRW 34,50,000,000 (i.e., KRW 69 months x KRW 500,000) from March 19, 2010 to November 2015 pursuant to the instant investment agreement with the non-party company, and the said court rendered a judgment on April 20, 2016 that “the non-party company shall pay to the Plaintiff the amount calculated at the rate of KRW 1.5% per annum from February 19, 2016 to the date of full payment.”