대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2. The defendant.
1. Basic facts
A. The Plaintiff and the Defendant agreed to jointly rent the store located in Seongbuk-gu Seoul and the first floor (hereinafter “instant store”) to operate the store. The Defendant leased the said store in the name of the Defendant to KRW 10,000,000 and started the business on May 2017.
B. On April 26, 2017, the Plaintiff and the Defendant obtained a loan of KRW 30,000,000 from D, a liquor business entity, and decided to repay the said loan (hereinafter “D loan”) in installments over 20 installments from May 25, 2017 to May 25, 2017.
C. The Plaintiff and the Defendant stated the profits earned by operating the instant store in the credit cooperative account in the name of the Defendant, the head of the Tong, as follows: (a) Plaintiff 1,090,000 won on July 11, 2017; (b) Defendant 1,230,000 won on August 7, 2017; (c) Defendant 2,270,000 won on September 7, 201; (d) Plaintiff 3,101,735 won on September 11, 2017; (e) Defendant 3,101,735 won on September 3, 201; (e) Defendant 3,3,398,20 won or more on September 11, 2017; (e) the relevant portion of the said account distributed on September 1, 2017; and (e) the amount of operating income on August 20, 2017.
D) Each of the instant stores has been distributed. The Plaintiff worked in the store from September 1, 2017 to November 11, 201, and the service was finally suspended on September 11, 2017. E) The Defendant, alone, suspended the business of the instant store on or around December 14, 2017, and received KRW 25,000,000 as premium for the premium from the new lessee on or around December 14, 2017. As of September 12, 2017, the balance of the Defendant’s credit union account is KRW 7,369,301, and the balance of the loan D is KRW 24,00,000 (including the grounds for recognition).
written evidence of Nos. 1 to 4, 6 through 9, and the purport of the whole pleadings.
2. Summary of the parties' arguments;
A. The plaintiff's assertion is selected as follows.
1. The partnership business agreement between the plaintiff and the defendant shall be September 2017.