1. Defendant C’s KRW 100,000,000 per annum for the Plaintiff and 5% per annum from January 1, 2013 to November 6, 2013.

Basic Facts

On May 21, 2012, the Defendants recommended the Plaintiff to invest in the operation business of the bus company in agricultural and fishing villages. On May 21, 2012, the Plaintiff concluded a contract with the Defendants to invest KRW 300 million (hereinafter “instant investment contract”).

As of May 22, 2012, the Plaintiff’s primary investment under the said investment contract to Defendant B as the primary investment money.

6.1. A total of KRW 150,000,000 was paid.

The Defendants returned 50,000,000 won in total to the Plaintiff on April 16, 2013 and the following day.

[Reasons for Recognition] The facts without dispute, each entry of Gap evidence 1 through 3 (including each number), and the purport of the whole pleadings.

Plaintiff’s assertion

After receiving investment money from the Plaintiff, the Defendants did not promote the operation business of the bus company in agricultural and fishing villages. On June 30, 2012, the Defendants notified the Defendants of the cancellation of the instant investment contract.

Accordingly, the Defendants agreed to return the Plaintiff’s investment amount of KRW 150,000,000 to the Plaintiff by December 31, 2012. Since the Defendants returned KRW 50,000,000 thereafter, the Defendants are obligated to return the remainder of the investment amount of KRW 100,000 to the Plaintiff.

Judgment

The Plaintiff notified the Defendants of the cancellation of the instant investment contract by itself on the part of the Plaintiff’s claim No. 4 against Defendant B.

It is insufficient to recognize that Defendant B agreed to return the investment amount to the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the plaintiff's claim against the defendant B.

Defendant C’s claim against Defendant C agreed to return to the Plaintiff the amount of KRW 150,00,000 investment to December 31, 2012, and the following fact that the said Defendant returned the amount of KRW 50,000,000 to the Plaintiff around April 16, 2013 does not have any dispute as seen earlier or between the parties. As such, Defendant C did not have any dispute over the Plaintiff’s investment amount of KRW 100,000,000 and its amount of KRW 5% per annum as prescribed by the Civil Act from January 1, 2013 to November 6, 2013, which is the delivery date of the complaint of this case.