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1. The Defendant’s KRW 178,340,068 as well as 5% per annum from December 20, 2018 to March 20, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiffs established D Co., Ltd. (hereinafter “D”) around April 15, 2014 by running a public restaurant business, etc. with a university-friendly-gu in partnership with C. Around April 15, 2014, the Plaintiffs decided to respectively invest KRW 200,000,000,000 by the Plaintiff, Defendant KRW 180,000,000 and KRW 163,000,000,000,000. The Plaintiff, in the name of the wife E, KRW 33%, the Defendant, in the name of F, the wife, and KRW 34% shares in the name of the wife.
B. The Plaintiff and the Defendant and C agreed to open and operate a restaurant at the call center of H Co., Ltd., Ltd. (hereinafter “H”), in which the Defendant had worked as a regular manager, but the Plaintiff continued to withdraw from the partnership relationship because the designation of a restaurant or the payment of investment funds, etc. was not smooth.
C. On September 25, 2014, the Plaintiff and the Defendant returned the C’s investment funds from I and agreed to transfer the C’s shares to I and agreed to transfer I to the D’s representative director position if I made an investment of KRW 300 million between I and I. From October 10, 2014 and October 15, 2014, the sum of KRW 290 million was transferred from I to D’s deposit account.
As seen above, the J, at the request of C which was the representative director of D, would not transfer the status of the representative director of D when it received shares in the name of G or was unable to take the position of the representative director, even though it had operated D from October 2014, filed a claim for return of investment amount (2015Gahap101622) against D while it failed to implement the investment agreement. However, around September 22, 2016, D was ruled against D on the grounds that it was not a party to the investment contract.
(e) On May 25, 2017, I returned the investment amount in this case against the plaintiff, the defendant, and E and F at the Ansan District Court of Suwon on May 25, 2017.