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1. Defendant B Co., Ltd.: 6,391,232 won to the Plaintiff and 6% per annum from January 4, 2019 to July 17, 2020.
Reasons
1. Basic facts
A. While the Defendant Company promoted the business of selling “D” (hereinafter “Defendant’s products”) through television home shopping broadcasts, it is expected that KRW 200 million will be invested by the Plaintiff, and received KRW 100 million from the Plaintiff on September 23, 2014.
B. In this regard, the Plaintiff and the Defendant Company drafted an investment contract with the following content on October 15, 2014.
1) The Plaintiff shall pay Defendant Company KRW 200 million of the investment required for home shopping broadcasts. 2) When selling home shopping of Defendant’s products, the Plaintiff is paid 7% of the normal selling price with the investment profits.
3) In the event that the Defendant Company is unable to sell home shopping broadcasts by the agreed date, the Plaintiff’s investment amount shall be repaid within three days, and when it becomes aware of the repayment within three days, 12% of the annual damages for delay shall be borne. (c) The Defendant Company did not run the home shopping sales of the Defendant Company even after the lapse of December 2014, and the Plaintiff demanded the Defendant Company to return the investment amount from January 29, 2015 and returned KRW 10 million out of the investment amount to the Defendant Company on May 29, 2015. (d) The Defendant Company continued to carry out the home shopping sales of the Defendant’s products, and the Defendant Company, the representative director of the Defendant Company, was liable for the Plaintiff’s joint and several liability under the above agreement, and the Defendant Company’s sales of the Defendant Company’s products by October 1, 2015.
2) If the Defendant Company fails to comply with the above time limit, the Plaintiff’s investment amount of KRW 90 million and the amount equivalent thereto shall be calculated as 12% per annum and recovered in full. 3) If the sales of the Defendant’s products’ television home shopping is finalized within the said time limit, the Plaintiff shall actively cooperate in the sales progress of the Defendant Company in accordance with the above investment contract.
4) In the event that a decision is made to recover the investment amount under the foregoing paragraph 2, the Defendant Company falls under the Plaintiff.