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1. The Defendant’s KRW 501,484,310 as well as 12% per annum from February 1, 2017 to September 14, 2017 to the Plaintiff.
Reasons
Facts of recognition
A. The Plaintiff: (a) granted investment money to C Co., Ltd. (hereinafter “Co., Ltd.” in its name); (b) demanded the return of the investment money to the Defendant, who served as C’s president and as the representative director, who served as C’s president.
▣ 이 사건 각서(갑 제1호증) 총 투자금 522,000,000원정 1차 투자금 138,000,000원 2차 투자금 180,000,000원 3차 투자금 204,000,000원 상기 C과 투자자 A과의 계약사항에 쌍방은 인정하고 투자자 A의 일신적인 상황으로 환불을 본사에게 요구하는바, 본사 C은 투자자 뜻을 수용하여 아래의 사항으로 지급할 것을 회장 D와 대표이사 B은 개인연대하여 이행각서로 공증하여 투자자 A에게 약속 이행하는 바입니다.
1. A promise to pay the investment amount of KRW 138,00,000 to an investor A by January 31, 2017, with full payment of the investment amount of KRW 138,000,000, and undertakes to pay the investment amount of KRW 138,00 to be paid as soon as possible by the investor at the time of the violation and to conclude
(A) 180,000,000 won will be paid in full to the investor A by June 31, 2017, when the investor A wishes to pay for the second investment.
However, with respect to this investment amount, the two parties agree to pay 169,286,000 won after deducting 10,714,000 won from the advance undertaking and deducting 169,286,000 won.
3. The third-party investment shall proceed in accordance with paragraph (2), and where an investor fails to maintain a contract with the head office, the contract between the parties shall be terminated and shall be determined to pay in accordance with the following matters:
On December 31, 2017, which is the time point of the business closure of the head office, the third investment amount of KRW 204,00,000 shall be determined as of December 31, 201, and it is promised to close as soon as possible even before the due date according to the capital flow of the head office as described in the above subparagraphs.
Provided, That 9,801,690 won shall be the performance agreement amount for this investment.