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1. The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who worked in a meat processing company, “D” jointly managed by the Defendants.
B. On March 21, 2013, the Plaintiff concluded an oral agreement with the Defendants to make investments in D, and deposited KRW 30,000,000 into Defendant B’s account on March 21, 2013, and paid the Defendants money in the name of the investment money.
C. Upon the cumulative investment amounting to KRW 62,00,000, the Plaintiff agreed to prepare a written contract. On November 18, 2013, the Plaintiff entered into a written agreement with Defendant C as follows (hereinafter “instant investment agreement”).
A : A (Plaintiff) : Investment made by A in accordance with this Agreement by D Company C (Defendant) Article 2 (Investment Method) refers to cash investment, and the specific amount of investment and distribution of shares and profits from shares shall be governed by each of the following paragraphs:
1. Amount of investment: 100,000 won;
2. Investment period: Five years from the date of completion of investment;
3. Distribution of profits: 10% of profits from sales every month - Commencement after one year from the date of completion of investment; and
4. Equity ratio: 10% of the total equity shares in D. Article 3 (Date of Payment)
1. At the time of the conclusion of this contract, A will make cash payments at the rate of 60% and make any balance within 30 days in cash.
2. B shall pay 10% of the profits from sales within 10 days after the last day of each month after one year from the date of the settlement report.
Article 5 (Minimum Guarantee Money)
1.B shall guarantee that at least 70 per cent of the monthly salary and salary of A shall be guaranteed at the time of termination of investment under the contract.
2. Where the time of termination of an investment falls short of the minimum deposit under paragraph (1), the shortage shall be deposited to A within 60 days from the end of the investment.
3. Both Parties shall make the settlement of their distribution of investments and earnings, at least 30 days before the expiration date of their investments.
4. Any extension of investment shall take place at the time of mutual agreement.
On the other hand, the Plaintiff has invested money under the said investment contract to the Defendants.