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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 55,00,000 and the interest thereon from June 9, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 20, 2016, the Plaintiff entered into an investment agreement with Defendant B to invest KRW 100,000,000 in the business of constructing multi-household housing on Guro-gu Seoul Metropolitan Government (hereinafter “instant multi-household new business”).
B. On November 27, 2017, the Defendants prepared a certificate of confirmation that “the Plaintiff promised to refund KRW 75,000,000 to the Plaintiff by December 31, 2017 (hereinafter “instant agreement on the return of investment money”) under the pretext of the return of investment money and profit-making invested in the instant new multi-household construction business.”
C. The Defendants transferred KRW 20,000,000 from the account in the name of Defendant C, the head of Defendant C, to the Plaintiff’s account on February 28, 2018, and appropriated the instant investment refund to repay the principal.
(Secondary Statement of Pleadings). [Attachment of Pleadings] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings.
2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 75,000,000 and damages for delay in accordance with the agreement on the return of the investment amount of this case.
Meanwhile, as seen earlier, the Defendants are jointly and severally liable to pay to the Plaintiff 5,000,000 won (=75,000,000-20,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 9, 2018 to the date of full payment, as sought by the Plaintiff, following the due date of the instant agreement to refund the investment amount.
3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.
(A) Since the Plaintiff accepted the Defendant’s claim for reimbursement and reduced the purport of the claim, the costs of the lawsuit shall be borne by each party).