beta
Text
1. On the Plaintiff (Counterclaim Plaintiff):
A. Defendant B Co., Ltd.: 40,000,000 won and its related thereto from January 19, 2015 to February 19, 2016.
Reasons
1. Facts of recognition;
A. On November 18, 2014, the Plaintiff entered into an investment contract with Defendant Company B (hereinafter “Defendant Company”) under which the Plaintiff invested KRW 30,000,000 in the business newly promoted by Defendant Company and the Defendant Company pays KRW 10,000 to the Plaintiff on January 18, 2015, and paid KRW 30,000,000 to the Plaintiff.
B. On November 18, 2014, Defendant C prepared a vehicle operation permit to provide the Plaintiff with the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) as security for the investment deposit and the return obligation as indicated in the aforementioned paragraph (a) to the Plaintiff, and delivered the instant motor vehicle to the Plaintiff.
【Defendant Company based on Recognition 【Defendant Company: Each entry in the judgment deemed as a confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act) and the whole purport of oral pleadings, including the fact that there is no dispute, and the evidence Nos. 1 through 6 (a) of the evidence No. 4-2 of the evidence No. 4-2 of the document, as there is no dispute over the vehicle operation permit of Defendant C’s seal portion, the authenticity of the document is presumed to have been established. Defendant C is presumed to have been forged by the above document, but there is no evidence to acknowledge it).
2. Determination
A. According to the above facts finding as to the claim of this case, the Defendant Company is obligated to pay to the Plaintiff 40 million won and 5% per annum from January 19, 2015 to February 28, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings. The Defendant C is obligated to perform the procedure for the registration of creation of mortgage for the instant automobile to the Plaintiff on November 18, 2014, based on a mortgage agreement.
B. Defendant C’s judgment on Defendant C’s counterclaim claim is that D’s vehicle operation permit is 2-2 of the evidence No. 4.