Text
1. The Defendants shall jointly and severally pay KRW 20 million to the Plaintiff 15% per annum from July 22, 2017 to the date of full payment.
Reasons
1. In full view of the facts without dispute over recognition and the purport of the entire pleadings as to the statements in Gap's evidence Nos. 1 through 3, the plaintiff invested KRW 200 million in accordance with the investment agreement (hereinafter "the agreement of this case"), defendant C Co., Ltd. and defendant D Co., Ltd. jointly and severally liable for the repayment of investment funds to the plaintiff of this case (Article 2 (2) of the agreement of this case), and the fact that the plaintiff can recover the investment funds when different operation from the first business plan is operated (Article 6 (3) of the agreement of this case); on June 18, 2015, defendant Eul entered into an agreement for smooth operation and sale (attached B operation related agreement; hereinafter "the agreement of this case"); the representative director of the defendant E Co., Ltd. concluded the agreement of the plaintiff and the plaintiff Eul Co., Ltd. (hereinafter "B"); on December 14, 2014, the representative director of the defendant E Co. 1 and the defendant D Co., Ltd. (hereinafter "the agreement of this case") decided No. 25 years.
2. According to the evidence and factual relations as seen earlier prior to the determination of the claim, the term “the first business plan” stipulated in the instant agreement as the grounds for the recovery of investment money means “management of investment money” under Article 3 of the instant agreement, “participation in the management of the Plaintiff” under Article 4, and “establishment of a collateral security” under Article 5 of the instant agreement
Defendant B is liable to pay KRW 200 million to the Plaintiff, inasmuch as there is no evidence to prove that Defendant B performed the remaining business plan other than the issuance of shares as stipulated in Article 3(1) of the instant agreement.
Defendant E jointly and severally guaranteed the obligation to return the investment amount of Defendant B, and two years have passed since he/she was appointed as a representative director on July 21, 2017, which was the date of service of a copy of the complaint of this case, Defendant E and the Plaintiff jointly and severally with Defendant B.