beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is a company engaged in real estate development business, financial support service business, etc., and the Defendant is the representative director of C.
Article 3 (Term of Validity, Renewal, etc. of Agreement)
1. The agreement between Company A (Plaintiff) and Company B (C) shall be deemed to be effective from the time when Company A entered into an agreement with Company B, and the money to the account designated by Company B is deposited; and
2. The calculation of the period shall be the agreed period from the date of remitting the money agreed upon by A.
Article 5 (Implementation Procedures upon Expiration of Time Limit to Agreement)
1. If the agreed period between A and B arrives, B shall pay A money (including dividends) as agreed upon.
B. On March 29, 2016, the Plaintiff entered into an investment agreement with C as follows (hereinafter “instant agreement”).
C. Pursuant to the instant agreement, the Plaintiff remitted KRW 60,00,000 to C on March 29, 2016, and KRW 20,000,000 on April 29, 2016, and KRW 40,00,00 on June 24, 2016, respectively, to C, pursuant to the instant agreement, and C paid to the Plaintiff each of the said money and dividends at least 10% per annum if the agreed period for the Plaintiff to pay the said money to the Plaintiff for six months from the date of receiving the money.
However, C did not pay the settlement amount under the instant agreement to the Plaintiff, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2017da500059 (hereinafter “prior lawsuit”). On October 26, 2017, the said court rendered a favorable judgment against C with respect to KRW 126,00,000 and KRW 63,000 among them, as to KRW 126,000,000 from September 30, 2016, KRW 21,000 from October 30, 2016, KRW 42,00,000 from December 25, 2016 to January 21, 2017, and KRW 15,000 from the following day to the date of full payment, respectively, to the Plaintiff.
E. Meanwhile, on March 23, 2016, from the Defendant’s account to the Defendant’s account, 84,000.