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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 50 million and 6% per annum from July 1, 2017 to December 24, 2017.
Reasons
1. Basic facts
A. On April 25, 2001, the Defendants are partners who registered their business with the trade name “D” in Defendant B’s name and engaged in wholesale and retail business of surveying instruments.
B. On July 6, 2012, the Plaintiff deposited KRW 50 million in the account of Defendant B’s Enterprise Bank (Account Number: E) upon Defendant C’s request for business loan, and the Defendants used the said funds as the purchase fund of survey instruments for the export of Indonesia.
C. On June 21, 2017, the Plaintiff’s legal procedure will proceed without responding to the Defendants’ repayment plan of KRW 50 million by June 30, 2017.
“The content-certified mail” sent, and the above content-certified mail sent to the Defendants.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 7-2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 50 million and the interest and delay damages under the Commercial Act, pursuant to Article 57(1) of the Commercial Act.
B. The Defendants’ assertion and determination are not loans to D, but investment funds to F Co., Ltd. (hereinafter “F”) operated by the Plaintiff and Defendant C as a partnership business (hereinafter “F”), and Defendant C merely used D and Indonesia’s survey machine transactions to use the said investment funds at the cost of constructing a f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s factory and purchasing a b’s b’s f’s f’
However, as can be seen through the overall purport of the statements and arguments set forth in No. 7-1, No. 7-3-1, No. 3-1, F is established on January 10, 2013 after six months from the date on which the Plaintiff deposited KRW 50 million, and if the said money was an investment fund to F, the said company’s shares at the time of incorporation or thereafter thereafter are owned by the Plaintiff.