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1. As to the Plaintiff, Defendant D Co., Ltd.’s KRW 326,298,665 and KRW 231,323,83 among them, from June 21, 2013.
Reasons
1. Basic facts
A. In around 2006, the Plaintiff received a proposal for investment from Defendant B, the representative director of Defendant D Co., Ltd. (hereinafter “Defendant Company”), and entered into an investment agreement between the Defendant Company and the Plaintiff with the content that the Plaintiff will pay KRW 40 million to the Defendant Company for lease deposit for the operation of the Gangnam Station ( direct store; hereinafter “instant store”) of the Defendant Company, which is the rice production store in Vietnam, (hereinafter “instant store”); however, the Plaintiff was paid KRW 9 million as monthly dividends, regardless of profits and losses, regardless of the Defendant Company’s profits and losses. After the termination of the contract, the Plaintiff was paid KRW 9 million as monthly dividends, and the principal of the investment was returned, and the Defendant Company will bear expenses such as rent, etc. while operating the instant store upon entrustment, and all profits, losses, etc. from its operation should be attributed to the Defendant Company (hereinafter “instant investment agreement”).
B. The Plaintiff received a loan from the Han Bank Co., Ltd. (hereinafter “I Bank”), and invested KRW 440 million in the Defendant Company in accordance with the instant investment agreement.
In addition, on September 29, 2006, the Plaintiff entered into a lease contract for the instant store in the name of the Defendant company (200 million won as lease deposit) and completed business registration under the agreement with the Defendant company.
C. The Plaintiff received dividends of KRW 131,00,000 in total from the Defendant Company during the period from April 2007 to February 2, 2010, but as of March 2010, the Plaintiff did not receive dividends of KRW 238,00,000 in total (=369,000,000 in total from November 206 to March 3, 2010).
On the other hand, the defendant company did not pay a total amount of 94,974,832 won for the store of this case.
The Plaintiff did not pay dividends, etc., and requested Defendant B to settle accounts to sell the instant store and change the accounts payable. The Defendant Company decided to terminate the investment agreement with the Plaintiff and the instant investment agreement.