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1. The Plaintiff:
A. Defendant B shall be KRW 100,000,000 and the interest rate of KRW 15% per annum from June 14, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff invested a total of KRW 53 million to Defendant B by February 2017 for investment in derivatives.
B. On March 28, 2017, the Plaintiff and Defendant B considered KRW 65 million (in addition to KRW 12 million) as the investment principal, and on April 28, 2017, the Plaintiff and Defendant B considered KRW 78 million (in addition to KRW 25 million) as the investment principal.
In addition, from May 12, 2017 to May 18, 2017, the Plaintiff additionally invested KRW 40 million to Defendant B.
(hereinafter referred to as “instant investment agreement,” in entirety, of the investment agreements made in succession.
In the instant investment agreement, Defendant B preserved the investment principal to the Plaintiff and paid 20% per month to the Plaintiff as profit by the end of the investment contract.
In addition, Defendant C confirmed the matters and other matters in the operation of Defendant B and notified the Plaintiff at the time of the preservation of the principal of the investment and the termination of the investment situation as a notary public.
With respect to the investment that confirms the investment principal as KRW 65 million and KRW 78 million respectively, an investment contract signed and sealed both the Plaintiff and Defendant B and Defendant C, and an investment contract signed and sealed by both the Plaintiff and Defendant B with respect to additional KRW 40 million was signed and sealed by the Plaintiff and Defendant B, and an investment contract signed and sealed by Defendant C with respect to additional KRW 40 million.
However, it is reasonable to view that Defendant C has the same status as the time of the transfer of investment since the additional investment capital was made in the prior investment extension line.
On August 30, 2017, the Plaintiff lent KRW 8 million to Defendant B.
[Reasons for Recognition] Each entry of Gap evidence 2 through 5 (including each number), and the purport of the whole pleadings
2. Determination:
A. The gist of the Plaintiff’s assertion is to cancel the instant investment agreement, which was made primarily by preserving the principal, on the ground that the Plaintiff was not obligated to preserve the principal and to pay the profits therefrom.