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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 60,000,000 as well as 20% per annum from January 1, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 12, 2015, the Plaintiff made an investment of KRW 30 million in the business of constructing apartment lots between Defendant Company B (hereinafter “Defendant Company”) and 10,000,000,000 won in Gwangju Northern-gu, and the Plaintiff made an investment in the business of constructing apartment lots between Defendant Company B (hereinafter “Defendant Company”). The Defendant Company, regardless of the completion of the apartment building, returned KRW 30,000,000 to December 31, 2016 as well as KRW 60,000,000,000,0000,000,0000,000,000,000 to be paid in addition to the damages for delay calculated at the rate of 20% per annum from January 1, 2017 (hereinafter “instant investment agreement”), and invested KRW 30,000,000 according to the said agreement.
B. On March 12, 2015, Defendant C agreed to jointly and severally assume the obligation owed by the Defendant Company to the Plaintiff pursuant to the instant investment agreement.
[Ground for recognition] A: In the absence of dispute, entry of Gap evidence 1, and the purport of the entire pleadings against defendant C: The assertion of confession under the main sentence of Article 257(1) of the Civil Procedure Act
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 60 million won plus 30 million won of investments and 30 million won of investments and delay damages calculated at the rate of 20% per annum under the agreement from January 1, 2017 to the date of full payment, the following day of the payment.
B. As to the determination of the Defendant Company’s assertion, the Defendant Company asserted that the Plaintiff paid to the Defendant Company is an investment loan and thus does not have an obligation to return it. However, as long as the Defendant Company made an agreement to pay to the Plaintiff a total of 60 million won and investment profits by December 31, 2016, in addition to delay damages for delay at a rate of 20% per annum, the Defendant Company is obligated to pay the said money in accordance with the above agreement, and the nature of the said money is the investment loan.