Text
1. The Defendant shall pay to the Plaintiff KRW 492,60,000 as well as 20% per annum from August 8, 2014 to the day of complete payment.
Reasons
Basic Facts
A. On December 8, 2006, C entered into a joint agreement with G to carry out the business of developing commercial and residential facilities (hereinafter “instant development project”) on the F Complex, tourist facilities and facilities incidental thereto, or on the site of facilities incidental thereto, and entered into a joint agreement with G with G. On December 29, 2008, the Defendant was a company that became a partner of the said project on behalf of G Co., Ltd. and was the representative director C.
B. On August 27, 2009, the Defendant entered into an investment agreement between J and J to the effect that a total of KRW 15 billion shall be invested in the instant development project on seven occasions, but in return, 45% of the Defendant’s shares shall be provided to J through capital increase. On September 4, 2009, the Defendant received KRW 500 million in the name of the Plaintiff (hereinafter “the instant investment amount”) and KRW 100 million in the name of K, respectively.
Plaintiff
The investment funds in the name were raised from LJ in order to raise LJ's investment funds.
C. Since the J, the Defendant was unable to pay the remainder of the investment under the said investment arrangement to the Defendant, and the Defendant, upon cancelling the said investment arrangement with the J on 2011, would be able to pay the amount of the existing investment that the J received later investments. D.
When the Plaintiff could not receive a refund from J of the instant investment money remitted to the Defendant under his own name, the Plaintiff directly demanded the Defendant to pay the instant investment money several times. Accordingly, the Defendant, on December 8, 201 between the Plaintiff and the Plaintiff, “In the event the Defendant received an investment from the Plaintiff on September 4, 2009, in relation to KRW 500,000,000, which was paid as the investment money from the Plaintiff, from the Plaintiff at home or abroad, the Defendant shall immediately return it as the top priority, and the portion of the interest shall be paid 5% per annum until the time when the refund is made, and if so, the Defendant would lose the benefit of the deadline and pay interest at 20% per annum.”
AB concluded the agreement.
(e).