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1. The Plaintiff:
A. Defendant B shall pay KRW 119,545,00 as well as 20% per annum from April 30, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. (1) Defendant C’s mobile phone retail business (hereinafter “instant business”) with the name of “E” in his/her business place located around January 1, 2013, using Daejeon Jung-gu D(1st floor) as the location of his/her business place (hereinafter “E”).
(2) Defendant B, as an infant of Defendant C, actually operated the instant business since that time, had the business registered, opened a business passbook under one’s name, and issued a tax invoice under one’s own name to the customer.
B. On August 2014, the Plaintiff was solicited from Defendant B to invest in the instant business to the effect that “The Plaintiff is in charge of the door-to-door sales of KT that had been previously traded, with the system that collects the remaining number of the Internet sales or mail order from the employees and transfers them to the Seoul Medium Business Operator, and such business is short of the recovery period and is also reasonable. When investing money in the instant business, it is recommended to pay investment funds and profits from the mobile phone sales.”
C. Accordingly, on November 11, 2014, the Plaintiff received from Defendant B a letter of payment undertaking (hereinafter “instant letter of payment undertaking”) with the following content written under Defendant C’s joint and several sureties’s guarantee in making the said investment.
C. Defendant B and Defendant C, a joint and several surety, intend to make an investment in money for mobile phone sales relations, and promise to pay damages incurred in the course to the Plaintiff at the same time as follows:
① The Plaintiff shall continue to make a continuous investment within the limit of KRW 20 million with the investment money for the sales of the aforementioned mobile phone to Defendant B.
② Defendant B and its joint and several liability joint and several liability, Defendant C, as the said joint and several liability, shall be held liable within the limit of KRW 20 million invested by the Plaintiff, and shall be held civil and criminal liability if any problem arises.
③ The Plaintiff shall not be involved in the sale of mobile phones traded by Defendant B.
1. The plaintiff is the defendant.