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(영문) 전주지방법원 2016.09.28 2015가합1023
불법행위에 기한 손해배상
Text

1. Defendant B and Defendant D jointly share KRW 230 million with the Plaintiff as of February 10, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative of the E Association (hereinafter “E Association”), Defendant C was the chairman of the F Co., Ltd. F (hereinafter “F”), and Defendant B was the representative director of Defendant D Co., Ltd. (hereinafter “Defendant D”).

B. On April 24, 2014, the E-Investment Association entered into an investment contract with F to the effect that “E Union invests KRW 50 million in F and is paid a 3% interest rate per month from F as investment earnings.”

(hereinafter referred to as “instant investment contract”). According to the instant investment contract, the term “business carried out by F” refers to a business carried out by the E Association as a financing project and a project related to the NPL project, which is implemented in a specific form.”

C. On July 4, 2014, the Plaintiff paid KRW 100 million to G, and on July 9, 2014, Defendant D transferred KRW 200 million to each account transfer as investment. D.

(1) On July 9, 2014, Defendant D and Defendant B agreed to make an investment in the NPL business upon deposit from the E Association on July 9, 2014, and agreed to pay the principal and the profits at the due date and, if not, pay the interest in addition to the interest in arrears at 25% per annum. Defendant B guaranteed the said payment agreement.

In addition, Defendant D, on the same day, issued to E Union a letter of payment to the effect that “the agreed revenue of KRW 200 million shall be 3% per month, and the due date shall invest funds received from E Association in NPL business, etc., and the agreed revenue amount shall be paid in two months (6%) with the principal on the said due date,” and Defendant B jointly and severally guaranteed the said payment agreement. (2) On July 18, 2014, Defendant B issued to the Plaintiff a certificate of confirmation that “the KRW 100 million shall be deposited in the designated account by July 21, 2014.”

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