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1. The Defendants jointly share KRW 30,000,000 to the Plaintiff and Defendant B with respect thereto from February 17, 2015, and Defendant C.
Reasons
1. Basic facts
A. On December 24, 2014, the Plaintiff, which was required to purchase shares, requested Defendant C to provide loans on the condition that the shares to be purchased are offered as a collateral. Defendant C requested Defendant B, the representative of the General Law Office D, to provide the following certificates of deposit between the Plaintiff and the Defendants (hereinafter “instant deposit agreement”).
E In relation to a contract for purchase and sale of shares, a depositor A (referring to the Plaintiff; hereinafter referred to as the “A”) deposited KRW 30 million in D of the General Law Office for the purchase of shares at KRW 6.45 million, and for C (referring to the Defendant C; hereinafter referred to as “B”), the Attorney B (referring to the Defendant B) representative of the above General Law Office D (hereinafter referred to as the “C”) received the said deposit amount at KRW 30 million, which shall prepare this confirmation.
Article 1 [Deposit for Purchase Price of Stocks] A shall deposit money of KRW 30 million for purchase price of E 6.45 billion with Byung.
Article 2 [Payment to B of Deposit Amount] Byung shall verify the purchase price of 6.45 billion won on December 26, 2014, and pay 30 million won of the deposit to B after checking the purchase price of 6.45 billion won.
Article 3 [Reversion of Deposit] The above KRW 30 million shall revert upon payment to B, and if E shares are not purchased due to E shares purchase price despite the confirmation of KRW 6.45 billion, the deposit shall revert to B.
Article 4 (Method of Underwriting Stocks) The method of acquiring stocks shall be the method of acquiring stocks by means of account transfer at the same time as the payment of funds after opening the accounts at the point of destination in which school guarantee is known.
B. Meanwhile, in order to raise the loan funds to the Plaintiff, the Defendant C colored the funds through the F Attorney-at-law on the same day with the F Attorney-at-law as the proxy of Defendant C (hereinafter referred to as “B” in the following agreements) (hereinafter referred to as “A”) as follows.