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1. The plaintiff's claims against the defendant C and D are all dismissed.
2. Defendant B shall pay to the Plaintiff KRW 325,00,000, and this shall apply thereto.
Reasons
1. Claim against the defendant B
A. According to the overall purport of evidence No. 1-1 to No. 4 and No. 1-1 to No. 4 of the evidence No. 1-4, the Plaintiff entered into an investment deposit agreement with Defendant B on December 27, 2012 with the purport that the Plaintiff invested KRW 400 million to Defendant B and divide profits from its operation into KRW 5:5. Under the agreement, the Plaintiff paid to Defendant B the amount of KRW 294 billion on December 27, 2012, and KRW 100 million on January 7, 2013, and the method of managing funds, such as Defendant B’s investment, etc., by concluding an agreement with the Plaintiff on January 19, 2013, it is recognized that the Plaintiff was prepared and delivered the following certificates of borrowing.
The borrower of the certificate of loan: Defendant B shall verify the full borrowing of the above amount of KRW 400 million and verify that he will compensate at least the bank interest rate.
January 19, 2013
Judgment
According to the above facts, it is recognized that Defendant B agreed to pay to the Plaintiff KRW 400 million as indicated in the loan certificate by preparing and granting the above loan certificate with respect to the investment funds, and Defendant B did not have any dispute between the parties concerned as to the fact that Defendant B deposited KRW 75 million as the repayment of the above loan funds (the Plaintiff’s claim for the amount calculated by subtracting KRW 75 million from the above loan funds). Defendant B is obligated to pay the Plaintiff damages for delay at the annual rate of 15% as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 10, 2016 to June 10, 2016, which is the day following the delivery of the copy of the complaint of this case, to dispute about the existence and scope of Defendant B’s obligation to pay the Plaintiff the amount of KRW 325 million (40 million =475 million) and damages for delay at the annual rate of 15% as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day.
The Plaintiff sought 5% interest per annum from the date following the final receipt of the deposit money to the date of service of a duplicate of the complaint, but the above loan certificate is used.