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1. Defendant C shall pay to the Plaintiff KRW 130,00,000 among the above amounts and KRW 341,250,000,000.
Reasons
1. The Plaintiff’s selective assertion: (a) on December 22, 2006, the Defendants agreed to refund KRW 130,000,000 to the Plaintiff and pay 25% interest per annum on the said investment amount; and (b) on June 21, 2013, the Plaintiff is obligated to pay to the Plaintiff the profit of KRW 341,250,000 as to the total amount of investment and profit and KRW 130,000 from June 22, 2013 to the date of full payment.
In addition, the Plaintiff agreed to lend or invest KRW 139,800,000 to the Defendant Company and receive 25% interest per annum from the Defendant Company. As such, the Defendant Company is obligated to pay to the Plaintiff the profit of KRW 290,008,580, out of the loans and profits until July 25, 2013, deducting KRW 60,500,000, and the amount of 80,000,000 from July 26, 2013 to the date of full payment. The Defendant Company agreed to pay the Plaintiff the profit of KRW 50,00,000 and the amount of the above investment to KRW 50,000,00,000, and the amount of the above investment to KRW 137,50,000,000 from July 26, 2013 to the date of full payment. Accordingly, the Defendant C is obligated to pay the Plaintiff with KRW 137,50,000,70.
2. Determination
A. It is insufficient to acknowledge that the Defendant Company agreed to pay the Plaintiff the investment amount of KRW 130,000,000 and the profits therefrom, solely on the basis of the statement of the evidence No. 13 of the judgment regarding the claim against the Defendant Company, and there is no other evidence to support this. Thus, the Plaintiff’s assertion against the Defendant Company 1 is without merit.
In addition, the evidence Nos. 1-1, 2, 3-1, 4-2, 1, 5-1, and 2-2 of the evidence Nos. 1-2, 5-2 of the evidence Nos. 1, 1-2, and 5-1, and 5-2 of the evidence Nos. 1-1, 1-1, 3-1, and 3 of the defendant company are presumed to have been established as a whole because there is no dispute between the parties that each of the following seals of the defendant company will be the defendant company. The defendant company asserts that