대여금
1. The plaintiff A:
A. The Defendants are jointly and severally liable to compensate for KRW 15,360,000 and the Defendants from April 1, 2013 to January 31, 2018.
1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, other than each macroscopic evidence.
Around June 7, 2011, Defendant D agreed with the Plaintiffs to jointly take over the instant enterprise for KRW 400 million, which was an employee of F, who operated an enterprise called “E” (hereinafter referred to as the instant enterprise), which was the store for skiing and the sales of the skid goods in Busan.
[Witness F] After acceptance, the name of the business operator was agreed to be registered in the name of Defendant C, which is the wife of Defendant D.
Plaintiff
B transferred KRW 125 million to Defendant C’s account on June 1, 2011, and Plaintiff A transferred KRW 125 million to the F account, the transferor of the instant company, on June 17, 2011, respectively.
[A] On July 11, 2011, between the Plaintiffs and Defendant C, a partnership agreement was made between the Plaintiffs and the instant private company.
[1] The main contents of the contract are as follows.
- The Plaintiff A shall invest KRW 145 million out of the total acquisition price of KRW 400 million, and shall return KRW 20 million up to December 30, 201.
Plaintiff
B shall make an investment of KRW 125 million.
The plaintiffs' interest in operating earnings and store assets of the company of this case is 30%, respectively.
Plaintiff
A on July 12, 2011, additionally remitted KRW 20 million to Defendant C’s account.
[A] The Defendant jointly operated the instant enterprise from July 201 to July 201.
2. Plaintiff A’s claim asserted that all of the remitted amounts under the following subparagraphs were to be returned on the ground that they were “loan” against the Defendants, and the Defendants asserted that all of the above amounts were “investment funds” against the instant private enterprise. Accordingly, the lower order is followed.
A. As of April 11, 2012, Defendant D, as of April 11, 2012, issued and delivered to the Plaintiff the certificate of 40 million won loan (as of April 11, 2012, March 2013).
Defendant C signed and sealed as joint guarantor.
[A] On April 13, 2012, Plaintiff A remitted KRW 40 million to the account in the name of the instant company C on April 13, 2012
[A] 13] The defendant side.