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1. Defendant B Co., Ltd.: (a) KRW 200,000,000 for the Plaintiff and 5% per annum from December 24, 2014 to July 12, 2017.
Reasons
1. Basic facts
A. On September 2014, the Plaintiff heard from Defendant D that “the Defendant Company is an agent of the “G Regional Housing Association” under the tentative name, which is running a housing construction project in Gyeyang-gu Incheon City E and F, and that if the Plaintiff invests KRW 200 million, the Plaintiff may receive KRW 3.5 million in total of principal and investment income.” By September 23, 2014, the Plaintiff paid KRW 200,000,000 in total to the Defendant Company (hereinafter “instant payment”).
B. On September 23, 2014, the Plaintiff received the receipt (hereinafter “the receipt of this case”) as follows, Defendant C, the representative director of the Defendant Company, from Defendant C, as the following, and on October 10, 2014, drafted the “Agreement on the Acquisition of Investment Gains” as follows (hereinafter “Agreement on the Acquisition of Investment Gains”).
The receipt and investment benefit agreement / [Receipt] Defendant Company received KRW 200 million.
Defendant Company shall pay KRW 200 million to the Plaintiff by December 23, 2014.
[Agreement on the Acquisition of Investment Interest] The Plaintiff deposited KRW 200 million with the Defendant Company, and received the certificate of loan.
Investment profits shall be KRW 150,000,000 shall be received from D.
C. On June 2015, the Plaintiff filed a complaint with Defendant D and C on the charge of fraud, as it did not receive any money under the above receipt and the agreement on the acquisition of investments, but the Plaintiff was issued a final decision that the Plaintiff was not suspected of being guilty of the failure to provide evidence on September 24, 2015.
(In Incheon District Public Prosecutor's Office No. 73425, 2015; hereinafter referred to as "prior criminal case"); 【The ground for recognition】 The fact that there exists no dispute, the entries in Gap 2, 3, 4, Eul 1, and Eul 1, and the purport of the whole pleadings.
2. Determination as to the claim against Defendant D
A. The Plaintiff asserted that the Plaintiff agreed to lend KRW 200,000,000 to Defendant D as of December 23, 2014, and paid KRW 200,000 to the Defendant Company by September 23, 2014.
Therefore, Defendant D is obligated to pay the Plaintiff the above loan amount of KRW 200,000,000 and the delay damages.
B. The Plaintiff is the Defendant until September 23, 2014.