beta
Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 800,000,000 as well as 20% per annum from May 1, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was established on April 13, 199 as a limited company on April 13, 199 for the purpose of collecting aggregate and selling aggregate, and was changed to a stock company on November 7, 2013. Defendant C was the representative director of the Defendant Company from June 8, 201 to January 30, 2012; Defendant C was the representative director of the Defendant Company from January 30, 201 to November 7, 2013; and Defendant C was the representative director of the Defendant Company from January 30, 2012 to November 7, 2013. Defendant C was the representative director of the Defendant Company from November 7, 2013. Defendant D was the employee of the Defendant Company.
B. On June 4, 2009, the Plaintiff leased KRW 70,000,000 to the Defendant Company, and received a transfer security for the machinery and appliances owned by the Defendant Company.
In addition, from June 4, 2009 to July 29, 201, the Plaintiff lent a total of KRW 675,000 to the Defendant Company.
C. On August 12, 201, the Plaintiff invested KRW 700,000,000, which the Plaintiff lent to the Defendant Company, as of September 1, 201, in relation to the FQuarrying business of the Defendant Company. Defendant C and the Defendant D concluded an investment contract with the effect that they assume joint and several liability for the Defendant Company’s nonperformance of obligation (hereinafter “instant investment contract”). The main contents of the instant investment contract are as follows.
The Plaintiff (hereinafter referred to as the “A”) and the Defendant Company located in the Gunsan City G (hereinafter referred to as the “B”) and the Defendant C (hereinafter referred to as the “A”) shall be liable for the joint and several liability for the nonperformance of the obligation of “B” with respect to the cash investment of “B” for the stabilization and development of the management of “B” and conclude a contract as follows:
- Article 1 (Duties of “A”) - “A” shall be invested as of September 1, 201 in F stone collection complexes designated and publicly notified to H on July 7, 2011 and shall be included in “B”, from July 2009 to July 201.