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1. The defendant (appointed party) and the appointed party jointly and severally against the plaintiff KRW 105,00,000 and KRW 50,000,000 among them.
Reasons
1. Basic facts
A. On August 17, 2007, the Plaintiff entered into an investment agreement (hereinafter “instant investment agreement”) with C (the representative director D; hereinafter “Nonindicted Company”) and Defendant B as follows.
The plaintiff shall invest 50 million won in the non-party company on the condition that he owns 10% of the shares in the non-party company.
In order to secure a new building, the non-party company and the defendant B shall register the establishment of the neighboring real estate on the E large 530 square meters and F 1574 square meters (hereinafter “each of the instant real estate”) in the city of Jin-si, which is the prospective site for the construction of the company’s company’s house.
If the development project does not proceed smoothly within one year after the conclusion of the instant investment agreement, the plaintiff may exercise his/her rights and cancel the establishment when the project will proceed smoothly.
The plaintiff may recommend one director to the non-party company.
B. On August 21, 2007, Defendant D completed the registration of the establishment of a mortgage on each of the instant real property with the debtor, the maximum debt amount of KRW 50 million, and the mortgagee as the plaintiff on August 21, 2007.
C. On August 22, 2007, the Plaintiff deposited KRW 50 million in the Defendant B’s deposit account. D.
Since September 12, 2007, G recommended by the Plaintiff was appointed as a director of the non-party company, and 7,500 shares of the non-party company (10,000 won per share and 15% per share) were allocated to the Plaintiff.
E. On December 28, 2007, the Plaintiff delivered KRW 55 million to Defendant B.
On the same day, between the Plaintiff and the Defendants, a certificate of monetary loan agreement was prepared with the following contents, and Defendant B issued a receipt to the Plaintiff that the Plaintiff received KRW 55 million as a loan.
The plaintiff, the debtor, the defendant Eul, and the guarantor plaintiff Eul lent KRW 55 million to the defendant Eul, and the defendant Eul borrowed this.
The due date shall be May 27, 2008, and the collateral security right to the real estate shall be created and granted in order to secure the above loan.
Defendant D has borrowed money.