정산금
1. Defendant B’s KRW 140,115,087 as well as 6% per annum from June 16, 2018 to February 21, 2019, respectively, to the Plaintiff.
1. Basic facts
A. On November 2015, the Plaintiff and Defendant B agreed to operate a general restaurant (cafeteria: E, fishery: F, and hereinafter “instant restaurant”) as a joint project by mutual investment in the early around November 2015.
B. On November 2015, the Plaintiff and Defendant B agreed to borrow KRW 100 million from G as business funds and KRW 60 million from Defendant C as business funds (this rate is 2.5% per month) and to contribute to the joint business one-half of the total amount of the above borrowed money (However, as seen later, to pay part of the borrowed money as deposit for store lease).
C. On November 18, 2015, the Plaintiff and Defendant B entered into each lease contract (a total of KRW 110 million) with respect to H, I, J, K, K, and Pyeongtaek-si L, M, N,O, P, Q, and R. On November 18, 2015, G and Defendant C directly paid KRW 110 million out of the aforementioned loan amount to the said lessor as the security for the loan deposit, and entered the lease deposit in each lease contract in the form of a lessee.
G and Defendant C paid KRW 110 million to the Plaintiff and Defendant B for the remainder of KRW 50 million of the lease deposit, which is KRW 160 million, and paid KRW 50 million to the Plaintiff and Defendant B for joint projects, such as advertising expenses and restaurant operation expenses.
On December 10, 2015, the Plaintiff and Defendant B entered into a contract for the artificial fishery business operator S and store interior interior interior interior contract, and S began from the beginning of December 2015 and completed the construction work on December 29, 2015.
E. On December 23, 2015, the Plaintiff and Defendant B agreed to lend the pertinent joint business registration name in the name of another person, and “E” respectively registered in the Plaintiff’s name and “F” in the name of T, and “F” in the name of U.S., respectively.
F. From January 2016, the Plaintiff received loans from the financial institutions, etc. in the name of the Plaintiff, T, and U as follows, and invested in the instant joint project. The loans were disbursed for the joint project, such as restaurant operation expenses.
The interest on the principal and interest of a temporary debtor (monthly) shall be January 2016.