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1. The Plaintiff:
A. The Defendants are jointly and severally liable for 200,000,000 won;
B. Defendant C shall be KRW 100,000,000 and each other.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff is limited to D (hereinafter “D”).
() On March 3, 2011, the Defendants invested KRW 230,000,000, and KRW 100,000,000 on March 4, 2011; D agreed to use the said money as “security deposit or auction for the expansion of shares paid in kind in national tax,” and to pay dividends of KRW 5% per month from the date of investment, and return the principal to September 3, 201 (as to KRW 230,000 on September 3, 201 (as to KRW 230,000 on September 4, 2011) or on September 4, 2011 (as to KRW 10,000,000 on September 3, 2011). The Defendants jointly agreed to jointly and severally agreed to pay KRW 230,000,0000 on March 3, 2011 to D.
3) As of March 4, 201, the Defendants drafted a “certificate of guarantee of investment principal” (Evidence 2-2 of the Evidence A) containing the agreement that the Defendants paid KRW 100,000,000 to D to jointly and severally repay “in the event of loss or defect.” D failed to pay the dividends agreed upon to the Plaintiff. At the Plaintiff’s request, D borrowed KRW 330,000,000 to the Plaintiff as interest rate of KRW 5% on July 25, 2011, and promised to pay the said KRW 10,000 to September 5, 2011.
“The” has drawn up and issued a note of payment.
The above payment letter was signed and sealed by E, the representative director of D, as a co-debtor in his personal capacity, and Defendant C signed and sealed as a observer.
According to Gap evidence No. 4-1, D stated that the plaintiff and defendant B would borrow and repay 450,000,000 won under the above conditions.
Defendant B seems to have paid KRW 120,000,000 to Defendant D, and the sum of KRW 330,000,000 paid by the Plaintiff and KRW 120,000,000 paid by Defendant B is determined to have been written as above.
On the other hand, D and E, on July 28, 201, issued promissory notes with the Plaintiff and Defendant A as the addressee at the face value of KRW 450,000,000, and as to the said promissory notes, a notary public on July 29, 201.