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1. The Plaintiff:
A. Defendant B, C, and D are jointly and severally liable for KRW 400 million and KRW 200 million among them.
Reasons
Basic Facts
Defendant Company is a stock company engaging in housing construction and sale business, real estate development and enforcement business, etc., Defendant B was the representative director of Defendant Company from June 28, 2004 to June 28, 2007, and Defendant C was also a director of Defendant Company for the same period.
On March 8, 2005, Defendant B, via Defendant C, said, that “When investing KRW 400 million in the Seoul Songpa-gu International Apartment Building Building Reconstruction Project (hereinafter “instant project”), Defendant B would give KRW 600 million including the profit-making KRW 200 million,” and the Plaintiff, according to the said investment recommendation, remitted the amount of KRW 370 million to the Defendant Company’s account (hereinafter “instant investment”) to the Plaintiff on the same day. On the same day, the Plaintiff prepared a loan certificate stating that “The sum of principal KRW 00 and the profit-making KRW 100,000,000,000,000,000,000 won, shall be paid by April 7, 2005” (hereinafter “the instant loan certificate”).
On October 4, 2005, Defendant B promised to pay to the Plaintiff the principal of KRW 370,000 and KRW 50% of its investment profits with respect to the I apartment shopping mall investment case borrowed on March 8, 2005. The payment date: October 17, 2005 (hereinafter “the second loan certificate of this case”). Re-written the loan certificate of this case.
The Plaintiff filed a complaint against Defendant B and C as a crime of fraud because it did not receive the money agreed upon until the maturity date, and demanded Defendant C to pay the investment amount and the proceeds of the instant case.
Accordingly, on October 16, 2006, Defendant C prepared an agreement with the Plaintiff stating that “Defendant B and C jointly repaid the Plaintiff the loan amount of KRW 370 million and the compensation amount of KRW 30 million until November 15, 2006, and agreed to pay KRW 170 million out of the agreed investment earnings by December 31, 2006, and the Plaintiff, upon receiving the said agreement, did not want to be punished by Defendant C.
However, Defendant C is subject to a non-prosecution disposition, but Defendant B is on October 26, 2006.