1. Defendant B’s KRW 310,449,719 as well as 20% per annum from June 10, 2015 to September 30, 2015 to the Plaintiff.
1. Basic facts
A. From around 2011, Defendant B agreed to operate a business of wa Holdings in the “F” building located in Bupyeong-gu Incheon, Bupyeong-gu E and the “F” on the ground of the 6th floor (hereinafter “instant commercial building”) and leased the instant commercial building under his/her name from the “F” management body of the instant commercial building on May 6, 2011.
B. Defendant B failed to proceed smoothly due to the financial situation, etc., and submitted a written waiver of the said lease agreement to the prop management body of the instant commercial building around July 20, 2012.
C. On the other hand, around September 16, 2013, Defendant C and the management body of the instant commercial building made a lease agreement between Defendant C and the management body of the instant commercial building to pay the construction cost for the shared facilities of the instant commercial building as a security deposit. The lease agreement was concluded between Defendant C and the management body of the instant commercial building, setting the lease term of ten years and the rent of twenty million won per month and to operate the instant commercial building as a trading hole, etc.
On November 25, 2013, the Defendants jointly carried out the instant shopping mall business (hereinafter “instant business”). The Defendants jointly invested expenses for resolution of lien, expenses for sale, and expenses for disposal of deposit money to the lessee of the instant commercial building, and funds to be incurred in the future, etc. according to the obligations for the payment of the construction expenses for the existing exercise of the sales stand in relation to the instant commercial building, which were leased by Defendant C. The Defendants agreed to jointly operate the instant business by establishing a corporation in the future (hereinafter “instant joint agreement”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, 8, 12, 13 (including each number), Eul evidence 1 to 9, and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. After concluding a labor contract with Defendant B, the Plaintiff provided Defendant B with labor from May 20, 2012, and retired from office around July 30, 2014, and the Plaintiff is above the Defendant B.