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1. The defendant,
A. The Plaintiff A’s KRW 100,800,000, and the Plaintiff B’s KRW 196,00,000 and each of them shall be from April 12, 2017.
Reasons
1. Basic facts
A. On April 1, 2015, Plaintiff A and the Defendant entered into an investment agreement with the content that, if the Plaintiff invested KRW 120 million to the Defendant, the Defendant would use the said investment money to the company, the representative director of which the Defendant is or the Defendant has a majority of shares, and would pay the Plaintiff A a 2% profit per month with the profits and return the said investment money at the expiration of the term of the agreement.
Plaintiff
A paid the above investment amount to the defendant on the same day.
B. On June 11, 2015, Plaintiff A agreed to make an investment of KRW 30 million to the Defendant under the said condition. Plaintiff B agreed to make an investment of KRW 200 million on July 7, 2016, and Plaintiff C agreed to make an investment of KRW 100 million on the said condition (hereinafter collectively referred to as the “instant investment agreement”), and the said Plaintiffs paid all the said investments to the Defendant around that time.
C. On February 3, 2017, the Defendant: (a) was sentenced to 12 years (Seoul Central District Court Decision 2016Da932) to the victims, for the following reasons: (b) there is no asset or business entity to pay high rate profits to the victims; (c) there is little possibility of success; and (d) there is no possibility of making considerable profits within a short period; and (d) even if the Defendant received money from the victims as the investment for the overseas business operated by the victims, such as using it for the purpose thereof or using it for the repayment of the principal and interest in the manner of return of the funds after December 2, 2011; and (e) even if it received money from the victims as the investment for the overseas business operated by the Defendant, the victims including the Plaintiffs did not have the intent or ability to use it for the purpose thereof or to repay the principal and interest with the business profits operated by
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4.