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1. Defendant B’s KRW 190,000,000 and KRW 150,000 among the Plaintiff, respectively, shall be KRW 40,00,00 from September 19, 2012 to the Plaintiff.
Reasons
1. Basic facts
A. On September 17, 2012, the Plaintiff entered into the instant investment contract with Defendant B, and the Plaintiff invested KRW 1.5 million, Defendant B entered into the instant performance “investment contract” with the content that distributes KRW 225 million to the instant performance (hereinafter “the instant performance”). On September 18, 2012, the Plaintiff transferred KRW 70 million to the Defendant B’s account, KRW 70 million, and KRW 80 million to the original broadcast (hereinafter “Defendant C”)’s original broadcast (hereinafter “the instant performance”).
B. On September 19, 2012, Defendant Original Broadcasting Co., Ltd. entered into an open broadcast agreement (hereinafter “instant open broadcast agreement”) with Defendant B to pay KRW 415 million (the contract amounting to KRW 80 million on the date of the contract, the remainder of KRW 35 million, and the payment by October 23, 2012) necessary for the production and broadcast of the instant open broadcast (hereinafter “instant open broadcast agreement”).
C. On December 1, 2012, the Plaintiff entered into an agreement with Defendant B, and Defendant B entered into an agreement with the Plaintiff to pay KRW 190 million to the Plaintiff by January 15, 2013 (hereinafter “instant agreement”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. Defendant B, despite the Plaintiff’s intent or ability to proceed with the instant performance, was fully prepared for the instant performance to the Plaintiff. As such, if the Plaintiff invested KRW 1,50,000,000,000 to be used for the instant performance, the Plaintiff concluded the instant investment contract by deceiving the Plaintiff to pay KRW 225,000,000 to the end of October 2012, and received KRW 1,50,000,000 as compensation for damages incurred by tort liability. As to the amount of KRW 150,000,000 as well as the date of payment of the investment contract of this case, the next day from September 19, 2012.