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1. The Plaintiff:
A. As to Defendant B’s KRW 550,000,000 and its KRW 100,000,000 among them, Defendant B’s Co., Ltd. shall begin on April 28, 2017.
Reasons
1. Basic facts
A. On August 2, 2016, the Plaintiff entered into an investment contract of this case with Defendant B (hereinafter “Defendant B”) on the same day, and on May 30, 2017, when the Plaintiff pays KRW 300 million to Defendant B as the investment money, Defendant B entered into an investment contract with the Plaintiff on May 30, 2017, stating that KRW 300 million shall be paid to the Plaintiff a sum of KRW 150 million (hereinafter “instant investment contract”). On August 2, 2016, Defendant B remitted KRW 300 million to Defendant B’s account in the name of Defendant B.
B. On August 16, 2016, the Plaintiff: (a) determined the interest rate of KRW 2% on interest rate of KRW 50,000,000 as of February 15, 2017; and (b) determined September 28, 2016 as interest rate of KRW 2% and July 27, 2017, respectively (hereinafter collectively referred to as “each of the instant loans”).
C. As a result of the relevant criminal judgment against Defendant C, even if Defendant C, as the representative director of Defendant B, received a loan or an investment from other investors, he/she is charged with the acquisition of the money without intent or ability to repay the agreed profit and principal, and on September 13, 2018, the Seoul Southern District Court Decision 2018Da106, 148, 270, and 299 (each combination), and then appealed from the above court for six years and six months, and a fine of 50 million won, and continues to exist as Seoul High Court 2018No2727.2) in the same manner as indicated in the above paragraph (1), and Defendant C was not charged with the acquisition of KRW 30 million from the Plaintiff around August 2, 2016, KRW 50 million around August 16, 2016, KRW 2000, KRW 4708,000,000 as of September 28, 2016.
each entry, the purport of the whole pleading
2. Determination
A. We examine the judgment on the cause of the claim, the Plaintiff’s total of KRW 100 million interest to Defendant B.