대여금
1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.
1. Basic facts
A. On September 2016, the Plaintiff, the Defendant, and C agreed to operate a restaurant in the name of “D” (hereinafter “instant restaurant”).
B. On December 16, 2016, the Plaintiff registered a restaurant business operator with the trade name “D” at the Daegu-gu tax office, Seogu E and 3rd floor F. However, on January 17, 2017, the Plaintiff reported the closure of the restaurant business.
(c)
Even after January 17, 2017, the Defendant operated the instant restaurant in the Daegu-gu E and the third floor F.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The plaintiff, the defendant, and C shall operate the restaurant of this case in a partnership, invested KRW 100,785,300 in the above restaurant, and registered as the above restaurant operator in the future of the plaintiff.
The Plaintiff and C immediately following the conflict of opinion with the Defendant that the Plaintiff returned KRW 100,785,300 of the Plaintiff’s investment from the Defendant when the Plaintiff reported the closure of the restaurant, and withdrawn from the restaurant business relationship.
B. In addition, the Plaintiff lent KRW 15,000,000 to the Defendant on April 6, 2016, and KRW 5,000,000,000, around December 2016.
(c)
Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages from January 17, 2017, after deducting KRW 44,046,00 that the Defendant returned to the Plaintiff (i.e., KRW 100,785,300, KRW 15,000).
3. Determination
A. Part 1 of the claim for the return of the restaurant’s investment amount in this case) and each of the following facts and circumstances revealed, comprehensively taking into account the facts acknowledged as seen earlier, as well as the evidence, and the statements in Gap’s evidence Nos. 5 and 6, i.e., the Plaintiff invested KRW 95,167,500 in total for the restaurant business in this case from September 29, 2016 to December 15, 2016; ② the Plaintiff paid KRW 5,570,000 in total for C during the period from January 9, 2017 to April 12, 2017; ③ the Plaintiff, Defendant, and the restaurant in this case.