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1. As to the Plaintiff (Appointed Party)’s KRW 35,00,000, and KRW 50,000,000 to the Appointed C, and each of the said money.
Reasons
1. Facts of recognition;
A. On November 7, 2016, the Plaintiff and the appointed parties D, C (hereinafter “Plaintiffs”) and the Defendant representative director E entered into a contract with the Plaintiffs to invest the total amount of KRW 150 million in the Defendant.
(Investment Contract is specified as E, but the seal impression of the defendant is affixed to the name of E, and since the party invested in the lawsuit in this case does not dispute the fact that the defendant is the defendant company, the defendant is deemed as the party to the contract and the fact-finding and legal judgment are made. The main contents are as follows.
1) By March 31, 2017, the Plaintiff shall invest KRW 30 million in the Defendant by March 31, 2017, KRW 60 million in the designated parties D and C, respectively (the use of the investment amount is the deposit for the sale of broadcasting to F or G.
(2) From the time of receiving the investment money to March 31, 2017, the Defendant sells broadcasting in F and G from the time of receiving the investment money, and pays 20% of the sales profit and the principal to the Plaintiffs as the investment profit.
3) The Defendant shall implement the promised broadcast sale within the contract period, and if an inevitable circumstance, such as a natural disaster, etc., the Defendant shall pre-consult with the Plaintiffs in advance, and shall pay twice the investment amount as penalty upon the passage of the agreement (Article 2(2)). The Defendant shall pay the penalty for breach of contract just in cases where the above prior consultation cannot be caused by the Defendant’s fault (Article 2(2))
The Plaintiffs deposited 150 million won in total to the Defendant on November 9, 2016 according to the terms and conditions of the investment contract.
C. Until March 31, 2017, the Defendant’s broadcast sales in F and G did not occur.
On June 7, 2017, the Plaintiff obtained the consent of the Appointor D's subrogation, and repaid 5 million won to the Defendant, and the Defendant consented thereto.
The Defendant repaid the sum of KRW 55 million to D on August 2017 and September 2017, and KRW 10 million to D on May 2017.
E. On September 27, 2017, the foregoing E is separate from the principal of investment in addition to the amount of KRW 30 million per individual.