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Reasons
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(영문) 대전지방법원천안지원 2017.08.30 2017가단4900
투자금반환
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1. The Defendants are jointly and severally liable to the Plaintiff KRW 70,000,000 and Defendant B shall be liable to the Plaintiff on June 27, 2017.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “instant company”) is a company established for the purpose of designing and constructing landscaping projects, and Defendant C was a representative director of the instant company, and Defendant B was a director of the instant company.

The Plaintiff (hereinafter referred to as “A”) and the Defendant B (hereinafter referred to as “B”). Defendant C entered into a contract related to funding with each other as follows:

Section 1 (Purpose) The purpose of this Agreement is to contribute to the investment of funds and to provide for matters related to the collection of funds for the purpose of supporting the landscaping project (acquisition of landscaping re-license) of Section B.

Article 2 (Amount of Investment) The amount of investment made by A to B shall be KRW 70,000 ( KRW 70,000) per day.

Article 4 (Return on Investment and Method of Repayment)

1. Investment commissions shall be one point five percent per annum of the investment amount and shall be payable on the 30th day of each month.

2. To pay dividends of 3% of the down payment at the time of receiving an order for government-funded works to A immediately after the settlement of accounts for the works;

In the event of default for three months, the contract shall be terminated and the Party A shall recover the amount of investment.

Not more than omitted, August 24, 2015, name A (Name B (A) name B (Signature) telephone of the address B (a seal) address B (a joint and several surety) address B (a joint and several surety) address B

B. On August 24, 2015, the Plaintiff decided to invest KRW 70,00,000 in connection with the acquisition of landscaping planting license of the instant company, and entered into a loan agreement with Defendant B (hereinafter “the instant loan agreement”) with the following terms, and the Defendant C signed and sealed the instant loan agreement as a joint and several surety of Defendant B.

C. On August 24, 2015, Defendant B issued a loan certificate to the Plaintiff, separate from the instant loan agreement, stating that “A total of KRW 14,000,000,000 on August 10, 2015, and KRW 56,000,000 on August 24, 2015, Defendant B borrowed KRW 70,000 from the Plaintiff without the title.”

b.0.0 c.

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