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1. The Defendants jointly committed against the Plaintiff KRW 369,00,000, and KRW 249,000,000 among them, from June 28, 2014, and from June 120.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company with the objective of the mid-term equipment leasing business, gold wholesale and retail business, etc., and the Plaintiff is an investor in the Defendant Company.
Defendant C served as the representative director of the Defendant Company and resigned on March 12, 2015, and Defendant D served as the representative director of the Defendant Company and was appointed as the representative director on March 12, 2015, and Defendant E is a person who recruited investors and received approximately 5% of the investment amount as a fee.
B. On May 29, 2013, the Plaintiff entered into an underwriting agreement with the Defendant Company for privately placed bonds and invested KRW 100 million in the Defendant Company, but was entitled to receive a refund on June 18, 2014, and deposited KRW 270 million in the Defendant Company on June 20, 2014, which was in violation of the Interest Limitation Act in the course of examining the written contract, and became aware of the violation of the Interest Limitation Act. Accordingly, the Plaintiff requested the Defendant Company to terminate the contract on June 23, 2014, and received a refund of KRW 270 million on June 26, 2014.
On June 27, 2014, the Plaintiff entered into an underwriting agreement with the Defendant Company and transferred the acquisition price of KRW 249 million to the Defendant Company. The main contents of the said underwriting agreement related to the instant case are as follows.
(2) The acquisition price for the above corporate bonds is the acquisition price for the above corporate bonds. The acquisition price for the above corporate bonds is KRW 249,000,000,000,000 for the above corporate bonds. The defendant company Gap: Article 1 (Purpose of the acquisition of corporate bonds) of the plaintiff company Eul intends to raise funds necessary for its business through the issuance of corporate bonds, and Eul intends to acquire the corporate bonds of the plaintiff company Eul.
Article 2 (Acceptance of Company Claim) A shall entrust the acceptance of Company Claim to B, and B shall be entrusted.
The underwriter: 249,000,000 won.