A. The Plaintiff established a Co., Ltd. (hereinafter “Nonindicted Company”) with the Defendant and entrusted the Defendant with the operation and management affairs based on the business and technological capabilities, the Plaintiff’s general management affairs, and the Plaintiff shall bear the amount of KRW 300 million in the initial stage of the establishment of the company. However, when concluding a partnership agreement with the Plaintiff that the Plaintiff invested KRW 180 million in the amount of KRW 120 million and the Defendant invested in the amount of KRW 120 million, the Plaintiff established the Nonindicted Company on March 7, 2017, and the Plaintiff additionally invested KRW 130 million in the Defendant with respect to the Nonparty Company.

B. After that, from November 27, 2017 to July 18, 2018, the Defendant entered a false malodor measurement record book (Ulsan District Court 2018No3752) with a criminal charge, etc., resulting in difficulties in managing the non-party company, and the Plaintiff and the Defendant decided to discontinue the non-party company on July 26, 2018. The Defendant agreed to return KRW 120 million out of the Plaintiff’s investment to the Plaintiff around that time.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 4, 6, and all of the arguments.

2. According to the above facts based on the judgment, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 12% per annum from October 2, 2019 to the date following the delivery of a copy of the claim of this case and the application for modification of the cause of claim, as sought by the Plaintiff, to the Plaintiff, as the Plaintiff seeks.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.