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1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and each year from May 17, 2015 to January 13, 2016.
Reasons
On May 16, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) agreed to pay KRW 50 million to the Plaintiff after the grace period of one year on May 16, 2014.
(hereinafter “instant agreement”). Defendant C jointly and severally guaranteed the Defendant Company’s obligations under the instant agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, and Eul evidence 2, and the defendants are jointly and severally liable to pay to the plaintiff 50 million won and 5% per annum prescribed by the Civil Act from May 17, 2015 to January 13, 2016, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
The summary of the Defendants’ assertion regarding the Defendants’ assertion was concluded to return the amount invested by the Plaintiff at the time of the establishment of the Defendant Company.
However, since there is no amount invested by the plaintiff, the agreement of this case is revoked by an expression of intent by fraud or mistake.
Therefore, the Defendant did not return the investment deposit under the instant agreement.
Judgment
According to the statement in Gap evidence 1-2, it is recognized that Article 1 of the instant agreement states "The instant agreement is for the purpose of returning the amount invested by the plaintiff at the time of the establishment of the defendant company."
We examine whether the amount invested by the Plaintiff at the time of establishment of the Defendant Company.
Comprehensively taking account of the respective descriptions and arguments in Gap 3 and 4, the plaintiff deposited KRW 20 million on December 10, 2007 with E, a director of the defendant company, and KRW 30 million on December 28, 2007 with the plaintiff's wife F deposited KRW 50 million on December 28, 2008, and KRW 45 million on January 25, 2008 with the price for machinery and equipment taken over by the defendant company from the (ju) Bato.