Text
1. The Defendants jointly and severally against the Plaintiff A for KRW 71,719,349 and KRW 70,000,000 among them, and the Plaintiff B for KRW 51,228.
Reasons
1. Basic facts
A. The Defendants, as women, have registered a restaurant with the trade name “F store” in Defendant D’s name and operated Defendant E from December 14, 2018.
B. On July 2, 2018, the Plaintiffs entered into an investment contract with the Defendants (hereinafter “instant investment contract”) with the following terms and conditions.
Article 1 of the Investment Contract (Date of Lease) The debtor shall attract from the creditor the amount of KRW 130,000,000 to the G Project Fund of the Bank of Korea on July 2, 2018, and the creditor and debtor shall prepare the investment contract and simultaneously transfer it to the H account of the Han Bank of D.
Article 2 [Period and Place of Performance] The debtor shall repay the principal of the investment amount of KRW 130,00,000 to the creditor A's A's I Bank Account from September 30, 2018 from the date of borrowing the principal of the investment amount of KRW 130,00,000.
Article 3 (Payment, etc. of Investment Profits) The investment profits of the said investment amount shall be the agreed investment ratio, and the payment shall be remitted to the bank account notified by the creditor as of the end of each month. If the payment of investment profits has been delayed once or more times, the debtor shall lose the due date and immediately repay the said investment amount.
In addition, the payment of investment profits with respect to investment funds shall be guaranteed for a period of two months.
Article 4 (Amount of Delay Damages) Where the above investment amount is not repaid by the due date under the above 2, or where the debtor loses the benefit of time, it shall be paid to the creditor as much as the number of delayed interest per annum for the investment amount as 24%.
(hereinafter omitted) On July 2, 2018, the creditor A et al. and two representative Plaintiff A et al. Defendant D Co., Ltd. (Defendant D’s father) Defendant E
C. On the date of the instant investment contract, Plaintiff A and C paid KRW 80,000,000 cashier’s checks to Defendant E in total, each of KRW 40,000,000, and Plaintiff B wired KRW 50,000 to the above bank account under Defendant D’s name.
Plaintiff
A on November 16, 2018, the amount of KRW 30,000,000 to the Defendants shall be 24% per annum.