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1. The Defendants shall jointly and severally serve as KRW 334,00,000 on the Plaintiff and as a result, from November 16, 2012 to November 13, 2014.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) was established on February 18, 1998 and engaged in fisheries aquaculture and sales business. On October 25, 2012, E acquired the management right of D and changed its trade name to Defendant C (hereinafter “Defendant C”).
B. Defendant B, a person who had run a fish farming business with the trade name of “F”, was employed as an auditor of D (hereinafter the name of Defendant C is to use the name at the time of the act) from June 13, 2012 to October 25, 2012 by whom E acquired the management right of D.
C. On March 20, 2012, the Plaintiff entered into a security contract with Defendant B (F) to invest KRW 334 million in the public water storage fish farming industry, and to obtain a security for the said investment amount from Defendant B. Accordingly, the Plaintiff paid KRW 334 million to the G account designated by Defendant B on March 23, 2012.
Meanwhile, on the other hand, around May 2012, Defendant B stated that “When the Plaintiff invested KRW 34 million in the capital for the fostering of the lusium, Defendant B would give 33% of the principal and profits until the end of April 2013, it would give additional dividends to the Plaintiff.” In the middle of July 2012, Defendant B stated that “The remaining lusium in the Hadong will move the remaining 300,000 won of the remaining lusium D.”
E. Accordingly, on July 15, 2012, the Plaintiff additionally invested KRW 40 million in the transport cost of the above stones to Defendant B, and Defendant B provided the Plaintiff with a security agreement on the establishment of corporeal movables (Evidence A2; hereinafter “instant security agreement”) stating that “D provides the Plaintiff with a stones of approximately KRW 500 million in the market price at which D was raised as security, and return the Plaintiff’s principal of the investment and profits within a week after April 30, 2013.” The written contract on the instant security agreement was signed with D’s corporate seal.
Grounds for recognition: