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1. The Defendants shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as a result, from May 16, 2017 to August 11, 2017.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at manufacturing and selling cosmetics, etc., and Defendant C is the actual manager and representative of the Defendant Company.
B. From April 2017 to Defendant C, the Plaintiff discussed the investment agreement with the content that, if the Plaintiff invested KRW 1,500,000,000 in the Defendant Company, it will take over 30% of the shares of the Defendant Company and become the representative director of the Defendant Company.
C. Accordingly, on April 28, 2017, the Plaintiff paid to the Defendant Company KRW 250,000,000 as investment, and KRW 50,000,000 as of May 4, 2017.
On May 16, 2017, the Plaintiff drafted a monetary loan agreement with the managing director D and the Plaintiff’s 300,000,000 won that the Defendants represented by the Defendant Company’s office, and with respect to the above loans, the Defendant Company paid 24% interest per annum to the Defendant Company on the 28th day of each month. The due date shall be April 26, 2018, and the obligation to pay interest shall be due and due shall be due and due and due shall be due and due and due and due and payable at once, and shall be due and due and due and payable if the due date arrives or the due date loses its interest, and the Defendant C shall pay due and payable damages for delay as set at the statutory maximum interest rate if the obligation of the Defendant Company is due and due and the due date loses its interest.
The seal of the Defendants was affixed to the contract.
E. Thereafter, the Defendants did not pay interest to the Plaintiff. On August 1, 2017, the Plaintiff filed an application for the instant payment order with the Defendants for the payment of the said loan, and served the Defendants on August 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the claim
(a) The determination of the cause of the claim shall be accepted, unless there is any reflective proof that the establishment of the document is authentic;