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1. The Defendant’s KRW 2,00,000,000 as well as 8% per annum from August 29, 2007 to June 23, 2014 to the Plaintiff.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
(a) Any of the following facts may be acknowledged either as a dispute between the parties or as a whole by taking into account the purport of the entire pleadings in each entry in Gap evidence Nos. 4, 8, 9, and Eul evidence No. 20:
1) On August 28, 2006 and the 29th of the same month, the Plaintiff is a stock company C (former trade name: D: hereinafter “D”).
(3) The Defendant, under the name of the Defendant, is KPL Co., Ltd. (hereinafter “KPL”).
(2) On October 31, 2006, the Defendant: (a) remitted KRW 1 billion to purchase shares (Evidence No. 4, B No. 20); (b) drafted a “written confirmation (Evidence No. 8)” stating that “the Defendant received an investment amount of KRW 1 billion from the Plaintiff for the acquisition of shares of KPPEL; and (c) repayment date of KRW 2 billion with the principal of the investment and the profits from the investment cannot be determined; but if possible, it is confirmed that the date of investment will be paid from August 29, 2006 to August 29, 2007, which is one year after the date of investment.”
3) After that, the plaintiff and the defendant on December 6, 2006 corrected the following (prestigious errors).
(B) The “certificate of debt obligations (Evidence A)” as described above was drawn up. B sets out the “certificate of debt obligations (Evidence A)”. B sets out that an investment of KRW 1 billion has been made by A for the acquisition of KP&L shares: (08. 29.06) the effect of investment has been confirmed to be 2 billion as a result of the occurrence of profit from stock investments (the principal and profit-making) as a result of the occurrence of profit from stock investments: (0. 31 October 2006) the final and conclusive amount of KRW 2 billion shall be converted to the creditors’ rights of A regardless of the investment performance; (0. 31 October 2006) the time limit for payment of KRW 2 billion shall be set within the maximum of one year (1 year August 28, 2007): (0. 31, 2006) At the expiration of the time limit for payment, A is not able to exercise all rights, such as a request for recovery of claims, appropriation of interest, etc.
B. According to the above facts, the defendant shall pay 2 billion won to the plaintiff on December 6, 2006 by August 28, 2007.