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1. The Plaintiff:
A. The Defendants shall jointly and severally pay KRW 115,00,000 as well as the interest rate from October 9, 2013 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 25, 2009, the Plaintiff made an investment agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to invest KRW 100 million in the Defendant Company, and the Defendant Company entered into an agreement with the said money to pay 30% of the investment amount as profit at the time of completion of the project by running the business with the said money, and paid KRW 100 million to the Defendant Company.
B. On May 14, 2009, the Plaintiff lent KRW 50 million at the request of the Defendant Company to the Defendant Company, and remitted the amount to the Defendant Company’s auditor and Defendant C’s wife to the Defendant Company’s account.
C. Around February 2010, the Defendant Company paid KRW 30 million to the Plaintiff, which was the date of completion of the business.
The plaintiff also requested the return of the investment principal when receiving the profit from the defendant company.
Therefore, the Defendants offered to the Plaintiff that they would use the investment principal and loan for the purpose of purchasing other real estate, and that the Plaintiff would continue to pay interest, but the Plaintiff demanded the repayment of the investment principal and loan. Defendant C prepared and delivered the certificate of monetary loan to the Plaintiff at “150 million won of the borrowed amount, the maturity date of payment, and 2% of the interest rate on July 31, 2010.” The Defendant Company prepared and delivered the certificate of monetary loan to the Plaintiff at KRW 31,00,000 of the interest rate up to July 31, 2010 of the same day with the loan amount of KRW 31,00,000,000 as of July 31, 2010.
E. On or after July 31, 2010, the Plaintiff received reimbursement of KRW 46.5 million from the Defendants and applied KRW 35 million to the principal of the loan, and the remainder KRW 1.5 million was appropriated for the interest until October 8, 2013.
[Reasons for Recognition] Unsatisfy, Gap evidence 3-1, 2-2, Eul evidence 1-1, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserted by the parties, the plaintiff invested KRW 100 million in the defendant company, and the defendant company.