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1. Defendants are jointly and severally liable to the Plaintiff for KRW 50,000,000 and Defendant B and Defendant C respectively.
Reasons
1. Facts of recognition;
A. On June 22, 2015, the Plaintiff paid KRW 30 million to Defendant B, a corporation established for the purpose of the medical consulting business (hereinafter “Defendant Company”), and KRW 50 million on July 31, 2015, the Plaintiff entered into an investment redemption agreement with the Defendant Company on August 1, 2015, and Defendant D and Defendant E jointly and severally guaranteed the Defendant Company’s obligations under the said agreement.
B. The instant agreement for redemption of investment provides that “The purpose of this agreement is to determine the details and necessary matters along with the guarantee of equity interest pursuant to the investment made by the Defendant Company to the Plaintiff, an investor, as the Plaintiff decides to invest the business funds for the management development of the Defendant Company, and to clarify the rights and obligations between the Defendant Company and the Plaintiff (Article 1). The Plaintiff invests KRW 30 million in the Defendant Company around June 22, 2015, and KRW 50 million around August 1, 2015 (Article 2); the Defendant Company is to use the funds invested by the Plaintiff only for the Defendant Company’s business purpose (Article 3); the Plaintiff and the Defendant Company may cancel or terminate the contract if it violates the agreement concluded by the Plaintiff and the Defendant Company pursuant to this agreement.”
C. In addition, “In addition to the general terms and conditions of the foregoing investment redemption agreement, the defendant company and the plaintiff shall determine the following matters as the special terms and conditions, and the special terms and conditions shall preferentially apply in cases where the special terms and conditions conflict with the main text (Article 15), and the special terms and conditions shall be paid up to December 24, 2015, including ① the amount invested by August 1, 2015 (Article 15).
(2) In participating in shares in the Thai National Hospital, the Plaintiff is recognized as the largest shareholder.
(E) The share of 2 per cent of the shares of Defendant D, Defendant E, Defendant C, F, and G5 shall be the largest shareholder of the Plaintiff). (3) Future Global Amerdi-related brand (a hospital) shall be H.
④ The Defendant Company is accompanied by the above agreement based on mutual trust with the Plaintiff.