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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,00,000 and KRW 20,000 among them, from November 11, 2008 to 25,000.
Reasons
1. Facts of recognition;
A. The Plaintiff was aware of the Defendant C, the representative director of the Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from his birth and received the investment proposal “D” from Defendant C.
B. The Plaintiff trusted the joint and several sureties undertaking of Defendant C, and wired KRW 20 million to the bank account of the Defendant Company on September 19, 2008 pursuant to the Investment Contract around September 17, 2008, and on September 25, 2008, according to the Investment Contract, the amount of KRW 10 million to the bank account of the Defendant Company on September 26, 2008; and KRW 20 million on February 2, 2008; and
6. 20 million won in total was remitted and invested 70 million won in total.
C. According to the Investment Contract dated September 17, 2008, the Defendants paid 20% of the profits to the Plaintiff by settling accounts for the amount of KRW 20 million in investments until February 10, 2009. According to the Investment Contract dated September 25, 2008, the Defendants settled accounts for the amount of KRW 50 million in investments until February 20, 2009 and paid 40% of the profits to the Plaintiff.
In addition, the defendants agreed to guarantee the principal of the plaintiff regardless of the success of the above business, and the above 50 million won of the investment principal was to be repaid until November 10, 2008, respectively, until December 10, 2008.
E. The Plaintiff received a total of KRW 18 million from the Defendant Company on March 5, 2009, and KRW 15 million on April 4, 2009. The Plaintiff received KRW 5 million on March 6, 2009 and KRW 7 million on April 7, 2009 from the Defendant C.
[Reasons for Recognition] Facts without dispute, each entry of Gap 1-12 (including virtual number), and whether all pleadings are held
2. According to the above facts of recognition, the defendants jointly and severally serve the plaintiff with a balance of KRW 45 million (i.e., KRW 70 million - KRW 25 million), and with respect to KRW 20 million from November 11, 2008, the following day following the date of repayment of the agreement, and with respect to KRW 25 million, the last copy of each complaint of this case from December 11, 2008, which is the day following the date of repayment of the agreement.