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1. The Plaintiff:
A. Defendant C, D, E, and H jointly share KRW 126,00,000 and those related thereto from December 30, 2015.
Reasons
1. Basic facts
A. The status of the parties (1) A is a JA under the Act on Special Measures for the Promotion of Venture Businesses, which implements the IF Fund System, and the Plaintiff is in charge of managing the Fund as an executive partner.
(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established on April 13, 2015 with the business purpose of manufacturing electronic parts, etc.
Defendant D and E are working as joint representative director of the Defendant Company from August 11, 2015, and Defendant H is the actual operator of the Defendant Company.
Defendant F and G are those who have entered into a contract between the Plaintiff and the shareholder in relation to the investment in the Defendant Company.
B. Pursuant to the operating rules and guidelines, the IMF fund has invested funds of one to two.5 times the funds invested by the IMF in a venture business after examining whether the conditions are met, whether the investment is true, and whether the IMF’s investment is true, by acquiring new stocks issued by the IMF (hereinafter “CF”) from three or three members affiliated with K (2 or more persons after August 18, 2014) with a view to fostering venture businesses and promoting investment.
C. (1) Defendant H conspired to be invested by the Plaintiff in a manner of creating the same appearance as the investment of Defendant F and G in Defendant D, E, and Defendant H with the funds of Defendant H.
(2) On July 2015, Defendant H, D, and E conspired to have Defendant F and G join as K members, and on September 16, 2015, Defendant F and G made an appearance such as having Defendant F made a normal investment to the Defendant Company by transferring KRW 42 million from the account under Defendant H’s name to the account in the name of the Defendant Company in the name of “F and G.”
(3) Accordingly, Defendant F and G made an investment around September 24, 2015 to the Plaintiff.