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1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s KRW 5% per annum from September 23, 2015 to February 23, 2016; and (b) February 24, 2016.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff invested KRW 30 million to the Defendant for documentary production.
The defendant completed the production of the first half-year documentary production in 2015, which was to be screened, but still failed to complete the production.
Accordingly, the plaintiff has cancelled the investment contract and claimed the return of the investment amount of KRW 30 million.
B. The defendant's assertion that the defendant did not receive investment from the plaintiff, and the plaintiff invested KRW 30 million to the Multimentor C.
The Defendant received investment money from the Plaintiff to the Defendant’s account under the name of the Defendant for the convenience of the Plaintiff and C, and remitted it again to C.
2. Determination
A. (1) Around March 5, 2014, the Plaintiff consulted on investment in the production of C and C, the Plaintiff’s leakage, D and C, and the Defendant’s representative E was present at that place.
(2) On March 19, 2014, the Plaintiff consulted with the said persons on investment, and decided to invest KRW 30 million.
The plaintiff intended to transfer the above KRW 30 million to a corporate account, and the representative director of the defendant who was present at that place was informed of the defendant's account.
On March 19, 2014, the Plaintiff deposited KRW 30 million into the Defendant’s account.
On March 26, 2014, the defendant remitted all of the above money to C.
(3) On September 16, 2015, the Plaintiff sent a content-certified mail to the effect that the Plaintiff would request the return of the investment amount by September 22, 2015, since the Plaintiff did not prepare an investment agreement with the Defendant and the documentary document has not been produced until now.
(4) The Defendant’s long-term business plan 3 of the Defendant’s business plan produced by the Defendant included “the production of a multi-lateral documentary in connection with the production of broadcast content business (CCC) and the production of a multi-lateral documentary in connection with a foreign country’s local protocol,” and “the production of a multi-lateral film, such as the Busan International Motion Picture Production/EDF, and the production of a multi-lateral film produced by the Defendant.”