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1. The plaintiff's claim against the defendant B is dismissed.
2. Defendants C, D, and E are jointly and severally liable.
Reasons
1. Basic facts
A. On October 21, 2016, the Plaintiff entered into an agreement with Defendant E Co., Ltd. (hereinafter “Defendant E”) to make an investment of KRW 124,00,000 with the said company upon the recommendation of Defendant D, one of the representative directors of Defendant B, and transferred KRW 124,00,000,000 to the bank account in the name of F of the said company.
B. The main contents of the instant investment contract are as follows.
Article 2(1) The time-limit for the arrangement of an investment fund shall be one year from the date on which the business entity receives the investment fund. 2) The business entity shall pay to the investor one percent of the monthly amount of the investment fund with the dividend in accordance with the investment fund.
However, the amount of dividends may be adjusted through consultation with investors and entrepreneurs.
3) Upon the expiration of the period of an investment agreement, the business entity shall reimburse investors immediately after the expiration of the period of the investment agreement, provided that if the investor does not request the business entity to redeem the investment amount in writing one month prior to the expiration of the period of the investment agreement, the period of the investment agreement shall be automatically extended by one year. Article 4 (Termination, etc. of the Agreement) (1) The investor may terminate this agreement by giving written notice to the business entity prior
2) If the investor has terminated the investment contract under the above paragraph 1, the business entity shall pay to the investor the remainder after deducting the dividends and termination fees paid from the investment money within 30 business days from the date of receipt of the request for termination.
C. On December 12, 2016, Defendant C and D, the representative director of Defendant B, agreed to pay KRW 124,000,000 to the Plaintiff by December 30, 2016 (hereinafter “instant agreement”) jointly and severally with Defendant E” (hereinafter “instant agreement”) was prepared and delivered a monetary loan agreement (Evidence 2, A; hereinafter “the instant monetary loan agreement”).
On November 8, 2016, the Plaintiff is the Defendant.