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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 25,00,000 and 6% per annum from December 25, 2014 to June 8, 2015.
Reasons
1. Facts of recognition;
가. 피고들은 창원시 의창구 D 소재에서 ‘디스코팡팡’ 놀이기구를 운영하기로 하고, 원고에게 투자금액의 10%를 운영이익금으로 지급하기로 약속하며 투자를 권유하였다.
B. The Plaintiff agreed to make an investment of KRW 25,00,000, which corresponds to 10% of the total equity interest with the Defendants, and paid KRW 25,000,000,000 to Defendant B on September 29, 2014, including KRW 5,00,000,000 on October 10 of the same year, and KRW 10,000,000 on October 21 of the same month.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. According to the facts that there is no dispute between the parties to the judgment, Gap evidence Nos. 1 and 6, witness E’s testimony, and the purport of the entire pleadings, the plaintiff agreed to terminate the investment agreement and demand the return of the investment amount to the defendants around November 13, 2014. ② The defendants agreed to return to the plaintiff KRW 25,00,000 by December 24, 2014. ③ The defendant C sent a text message to the plaintiff around November 16, 2014, stating that "I will return to the plaintiff to the greatest amount." Accordingly, according to each of the above facts of recognition, the defendants agreed to return the investment amount of KRW 25,00,000 to the plaintiff by December 24, 2014.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 25,00,000 as well as damages for delay calculated by each of the 15 per annum as stipulated in the Commercial Act from the following day to the date of service of a copy of the application for the modification of the claim and the cause of the claim in this case from December 25, 2014, until June 8, 2015, which is the date of service of a copy of the application for the modification of the claim in this case, 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to September 30, 2015.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.