beta
Text
1. The Defendant shall pay to the Plaintiff KRW 25 million with 15% per annum from June 29, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. C, D (A), Defendant, and E established an agricultural corporation on October 22, 2014 to operate a functional seed growing project through aquatic cultivation, thereby investing KRW 100 million in the initial investments (including capital in kind). The Defendant’s stock company F (hereinafter “F”) provided natural seeds growing-based techniques, know-how, etc., and entered into a business agreement with the effect that the share ratio of the agricultural corporation to be established shall be KRW 31%, D29%, and F40%, respectively (hereinafter “instant agreement”).
B. The Plaintiff is a company established by investment in C on October 31, 2014 in accordance with the above business agreement, and C was the representative director, D, and E, the Plaintiff’s internal director, and the Defendant’s auditor.
C. On November 2014, the Plaintiff paid the Defendant KRW 30 million with the purchase price for the seed growing period, KRW 4 million with the purchase price for the seed growing period, KRW 10 million with the purchase price for the seed growing period, and KRW 45 million with the purchase price for the seed. The Defendant did not purchase the said facility and seed to the Plaintiff.
Accordingly, the Plaintiff demanded the Defendant to return KRW 45 million to the Defendant. On January 10, 2015, the Defendant prepared and issued a confirmation document stating that “I will receive KRW 30 million from the Plaintiff’s representative director C for the seed cultivation facilities, KRW 11 million for seed 2 tons, KRW 45 million for dry season, and KRW 45 million for a total of KRW 45 million for the seed,” and that “I will promise to refund the said amount to the Plaintiff by the end of February 2015 (15 days) (hereinafter “instant confirmation document”).
E. However, the Defendant did not return KRW 45 million to the Plaintiff, and the Plaintiff brought the instant lawsuit against the Defendant, while C filed a complaint with the police against the Defendant on the charge of fraud.
In the instant accusation case, “1. The Defendant shall pay C the agreed amount of KRW 25 million until March 28, 2016, and KRW 200,000,000 as of February 24, 2016 from April 2016 to January 2017.