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The defendant's KRW 500,000,000 for the plaintiff and 6% per annum from January 30, 2020 to April 1, 2020.
Reasons
1. Basic facts
A. On September 11, 2015, the Plaintiff entered into an investment agreement and an agreement on loans with the Defendant (hereinafter “instant agreement”) with the following terms and conditions.
Article 2 (Investment Amount and Method) of the Investment Agreement Agreement (Investment Amount) The Plaintiff shall invest 500 million won in cash to the Defendant.
The investment method shall acquire 175 million won, 50 million won, and 50% of the equity capital increase, and the operating fund shall be KRW 325 million, and the operating fund shall be KRW 325 million, and the defendant shall borrow KRW 325 million to the plaintiff.
Article 3 (Effective of Contract) There shall be no restrictions or restrictions on future seizure, provisional seizure, provisional disposition, etc. against the defendant, and this contract shall be automatically terminated at the time of occurrence, and the amount of investment shall be repaid to the defendant A.
Article 5 (2) (Cancellation of Contracts and Redemption of Investment Funds) The Defendant shall return the investment money to the Plaintiff within 90 days from the date of termination if the Defendant violates or fails to perform any contractual obligation, and thereby, compensate the Plaintiff for damages incurred to the Plaintiff. (b) The Plaintiff wired the total amount of KRW 500 million to C, a representative director of the Defendant or the Defendant, four times from September 1, 2015 to September 24, 2015. (c) On January 22, 2020, D Co., Ltd., the Defendant’s other creditors, was issued a seizure and collection order (Seoul Central District Court 2020T. 490) against the Defendant, and the said order was served on the garnishee on January 29, 2020.
2. According to the facts as seen earlier, since the Defendant violated the provision that “the limitation of seizure, etc. has to be imposed on the Defendant,” as stipulated in Article 3 of the instant contract, the Defendant violated the provision that “the Defendant shall not impose any restriction on seizure, etc.,” the total amount of investment and loans received from the Plaintiff pursuant to Article 3 or 5 of the instant contract, and the amount of KRW 500,000,000,000,000 from January 30, 2020 to the third debtor, which was the following day when the order for seizure and collection was served on the third debtor.