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1. Defendant B’s KRW 135,400,000 as well as 5% per annum from December 25, 2013 to November 10, 2015 to the Plaintiff.
Reasons
1. The Plaintiff’s assertion (1) between Defendant B and Defendant B, and if the Plaintiff invested money in the business run by the said Defendant to Defendant B, the said Defendant is liable for and returned the principal of the investment, and the said amount shall also be paid in return. Accordingly, the Plaintiff paid KRW 135,400,000 to the said Defendant from October 12, 201 to November 29, 2012.
However, Defendant B agreed to pay 89,000,000 won to the principal and profits of the investment, on December 24, 2013, while Defendant B paid only a part of the profits and returned or did not pay the investment money and profits.
Therefore, Defendant B is obligated to pay to the Plaintiff KRW 224,40,000 (the principal of the investment amount of KRW 135,400,000) and damages for delay after December 25, 2013.
(2) As the Plaintiff remitted money to Defendant B to the bank account under the name of Defendant C at the time of paying the money as set forth in the above paragraph (1), Defendant C is jointly and severally liable with Defendant B to pay KRW 224,40,000 as well as damages for delay.
2. Determination as to the claim against the defendant B
A. Comprehensively taking account of the overall purport of the statements and arguments as to Gap evidence Nos. 1 through 4 of the investment principal, it is recognized that the defendant Eul agreed between the plaintiff and the plaintiff, and that the defendant Eul would return the investment principal if the plaintiff made an investment in the business run in the Philippines, and that the plaintiff paid the plaintiff 135,400,000 won total from October 12, 201 to November 29, 201, to the defendant Eul by means of remitting the investment principal to the account under the name of the defendant C, and the defendant Eul agreed that the plaintiff would return the above investment amount until December 24, 2013, while the plaintiff did not return the investment amount to the plaintiff.
According to the above facts of recognition, Defendant B is a delivery date of a copy of the complaint in this case from December 25, 2013, which is the day following the above payment date, to the Plaintiff.