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1. The Defendant shall pay to the Plaintiff KRW 136,250,000 and KRW 125,00,000 among them, from June 29, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On June 28, 2012, the Plaintiff invested KRW 250,00,00 in a non-party company for a period of four years from June 28, 2012, the Plaintiff entered into an investment contract with the non-party company to receive KRW 3,750,000 per month from the non-party company as profit and paid KRW 250,000 (hereinafter “instant investment contract”) on June 27, 2016, and paid KRW 250,00,000 to the non-party company on the same day (hereinafter “instant investment contract”).
B. On February 13, 2013, the Plaintiff and the non-party company changed the maturity date of the instant investment contract to December 31, 2013, and the Defendant, the representative director of the non-party company, guaranteed the obligations of the non-party company under the instant investment contract on the same day.
C. On December 31, 2013, the Plaintiff demanded the non-party company to return the instant investment amount, but failed to receive such refund. On June 30, 2014, the Plaintiff received KRW 125,000,000 from the non-party company as of June 30, 2014, and KRW 62,50,000 from the non-party company as of September 30, 2014, respectively, and renounced the remainder of KRW 62,50,000. If the non-party company fails to pay KRW 62,50,000 by September 30, 2014 (hereinafter “the instant additional agreement”). On the same day, the Plaintiff received KRW 125,00,000 from the non-party company.
Meanwhile, while the non-party company did not pay the amount equivalent to the Plaintiff’s profit from March 28, 2014, the non-party company failed to pay 62,500,000 won based on the instant additional agreement on September 30, 2014.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 3, 4, the purport of the whole pleadings
2. Determination:
A. According to the investment contract of this case, according to the following circumstances known through the above facts of recognition, the non-party company shall confirm the total amount of the instant investment amount and its monthly revenues to the Plaintiff at a certain time, regardless of the smooth progress of its execution business or the return on investment.