beta
Text
Defendant C shall pay 40,00,000 won to the Plaintiff and 12% per annum from December 20, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. On March 7, 2016, the Plaintiff entered into an entrustment contract with Defendant C on waste collection and transportation (hereinafter “instant contract”) with the purport that the Plaintiff would be entrusted with the collection and transportation of wastes discharged from the E farming association located in the Southern-gun, which was scheduled to be assumed by the Defendant in return for investing KRW 50 million to the said Defendant, and the said contract was certified by a notary public as F, etc. of Law Firm F, on March 9, 2016.
B. On March 9, 2016, after entering into the instant contract, Defendant C used the Plaintiff’s investment amounting to KRW 50 million for the acquisition of the said E agricultural partnership, and separately prepared a written confirmation that the said investment amount should be refunded within one month if the acceptance is not made.
(c)
On March 22, 2016, the Plaintiff deposited KRW 50 million into the Defendant D’s account at the Defendant C’s request.
(d)
In this regard, Defendant C did not have taken over the above E farming association until now.
【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination:
A. The Plaintiff paid KRW 50 million to Defendant C in accordance with the instant contract; Defendant C will use the Plaintiff’s investment funds for the acquisition of the said E farming association; and expressed his intent to refund the said investment funds to the Plaintiff within one month when the acquisition of the said E farming association is at fault; Defendant C did not accept the said E farming association until the closing date of pleadings, as seen earlier; thus, Defendant C is liable to pay to the Plaintiff KRW 40 million out of the said investment funds and delayed damages therefrom, barring special circumstances.
As to this, the above defendant is the plaintiff's claim for the return of investment amount against the defendant C (hereinafter "non-party company").