1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally liable to the Plaintiff for 26,154,000 won.

1. Comprehensively taking account of the overall purport of the pleadings as to the entries in the evidence Nos. 1 through 3, 2014, the Plaintiff and the Defendants paid KRW 30,000,000 to the Defendants in relation to the business of developing and selling mobile phone display lines by the Defendants, and the Plaintiff and the Defendants paid KRW 30,000,000 to the Defendants, and the Defendants paid KRW 30,000,000 to the Plaintiff up to April 1, 2015 pursuant to the said investment contract (hereinafter “instant investment contract”). The Plaintiff and the Defendants paid KRW 30,00,000 to the Defendants up to December 15, 2014 pursuant to the said investment contract (hereinafter “instant investment contract”).

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff 26,154,000 won (=30,000,000 - 3,846,000 won) and damages for delay calculated at each rate of 20% per annum under the Civil Act from April 23, 2015 to October 5, 2016, which is the date when the original copy of the instant payment order was served to the Defendants sought by the Plaintiff.

The Plaintiff asserts that “3,846,000 won received from the Defendant is merely a distribution of profits, not the repayment of the invested principal.” However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendants agreed to repay the invested principal to the Plaintiff when concluding the instant investment contract, and there is no other evidence to acknowledge this otherwise. Therefore, the Plaintiff’s assertion is without merit.

B. As to this, the Defendants are limited to the case where a profit occurs sufficiently at the time of the instant investment contract.