약정금
1. The Defendant’s KRW 64,77,321 as well as 5% per annum from October 20, 2017 to September 11, 2018 to the Plaintiff.
1. Facts of recognition;
A. On May 2016, the Plaintiff and the Defendant agreed to operate a beauty art room together, and borne half of the opening expenses by the Plaintiff and the Defendant, and the Plaintiff paid all of them, and the Defendant entered into a partnership agreement with the content that the Plaintiff determines to lend it to the Defendant (hereinafter “instant partnership agreement”).
B. Accordingly, the Plaintiff paid a total of KRW 63 million to the Defendant from May 18, 2016 to July 15, 2016, as the opening cost of beauty parlors. Upon receiving a loan, etc. to raise the above money, the Plaintiff borne KRW 1,529,672 on June 6, 2016 and July 2016.
C. The Plaintiff and the Defendant, despite having opened a beauty art room with the name of “D” located in Gwangjin-gu Seoul Special Metropolitan City, went through conflict due to the operation of the beauty art room, etc., around July 2016, the agreement was reversed, and the Defendant operated the beauty art room and agreed to pay the part borne by the Plaintiff out of the opening cost (hereinafter “instant payment agreement”).
Therefore, the defendant's assertion that the remaining assets should be distributed at the ratio of the value of the investment according to the liquidation procedure is not accepted, unless there was an agreement between the plaintiff and the company and the company is dissolved.
Meanwhile, the Plaintiff lent money to the Defendant several times from September 4, 2014. The sum of loans not repaid by the Defendant at the time of March 25, 2016 is KRW 3,637,330.
E. In addition, around March 2016, the Defendant purchased a vehicle with a credit card under the Plaintiff’s name on a 12-month basis. In addition, until February 2017, the Defendant paid the living expenses, etc. using the said card, and decided to pay the Plaintiff the monthly card price. From April 2016 to June 2016, the Defendant failed to pay KRW 7,375,155 in total the card price generated by using the said credit card.
[Reasons for Recognition] contain non-contentious facts, Gap evidence Nos. 1 to 13.