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1. Defendants jointly and severally liable to the Plaintiff KRW 122,00,000 and Defendant C from April 1, 2018 to September 17, 2018.
Reasons
1. Facts of recognition;
A. From April 2012, Defendant B is an entrepreneur engaged in food manufacturing and processing business with the trade name “E” in the Dong-gu, Nam-gu, Chungcheongnam-gu, Seoul. Defendant C, as its mother, operated the above business together.
B. The Defendants, around October 2016, intended to move the said D store to F, and to convert Defendant B’s personal business entity into a stock company. From around that time to April 3, 2017, the Defendants invested KRW 130,000,000 from the Plaintiff.
C. Around December 5, 2017, Defendant B prepared a letter of performance that the Plaintiff shall return the investment amount of KRW 130,000,000 to March 31, 2018, and Defendant C agreed that the said letter of performance will be the person expected to be changed to the above E’s representative and the said person’s responsibility is also fulfilled.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 122,00,000,000, which is the balance claimed by the Plaintiff out of the investment funds agreed to be returned, and from April 1, 2018, from September 17, 2018, the delivery date of the original copy of the instant payment order, to September 17, 2018; Defendant B is liable to pay damages for delay calculated at the rate of 5% per annum as stipulated in each Civil Act until January 10, 2019, the delivery date of the copy of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from
3. Conclusion, the plaintiff's claim of this case is accepted for all reasons.