beta
Text
1. As to Defendant B and E’s joint and several liability for KRW 150,000,000 and KRW 30,000,000 among them, Defendant B and E’s joint and several liability for damages incurred to the Plaintiff.
Reasons
1. Under the foundation, Defendant B is a company established for the purpose of food service, food material distribution, chain store recruitment, etc., and Defendant E is the representative director of Defendant B.
Defendant C is a company established for food service, food material distribution business, etc., and Defendant D is a company established for business start-up consulting business, business profitability analysis consulting business, etc.
While the Plaintiff was finding a room for investing funds received as retirement allowances, the Plaintiff was recommended to invest in the Home Pump M Ma operated by Defendant B around January 2015 from Defendant D.
On January 22, 2015, the Plaintiff entered into an investment contract with the content that “N's Home Packer M store” as an investment amounting to KRW 1.70 million, and a revenue amount to KRW 1.7 million, which is the amount obtained by deducting all expenses from total sales (hereinafter “instant investment contract”) and remitted the investment amount to Defendant B and E’s account.
The Plaintiff paid KRW 9 million to Defendant D as a fee for the arrangement of the instant investment contract.
Defendant B, on June 2, 2015, paid KRW 1.3 million and KRW 2.5 million on June 26, 2015, and the Plaintiff demanded termination of the investment contract, Defendant B, on October 7, 2015, prepared a letter of commitment that “The instant investment contract shall be terminated under mutual agreement, and the restoration to original state, Defendant B shall return KRW 1.5 million to the original state five times on the last day of each month from November 30, 2015 to March 30, 2016, and additionally pay KRW 24% interest at the time of the violation (hereinafter “instant letter of commitment”).
In addition, on December 8, 2015, Defendant E stated that “I will pay some portion of the instant undertaking to January 10, 2016, and will be responsible for the remainder by December 31, 2016” to the Plaintiff on the bottom of the instant undertaking.
Defendant B’s home-fluoring presses F. The Home-fluor Co., Ltd.’s home-fluor’s business right transfer to Defendant C.