대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's ground for claim
A. On January 17, 2014, the Plaintiff entered into a partnership agreement with Defendant B and D on the F, a general restaurant located in Yongsan-gu Seoul Metropolitan Government, with Plaintiff 50%, Defendant B20%, and D30%. Defendant B had invested KRW 60,000,000 in accordance with the partnership agreement.
However, from January 22, 2014 to January 27, 2014, Defendant B invested only KRW 22,000,000, and delayed the payment of the remainder of the investment, making it difficult for tegyptian Corporation, etc., and the Plaintiff, around February 5, 2014, lent KRW 30,000 to Defendant B, setting the lending period of KRW 2 months and interest rate of KRW 30,00,000, and immediately appropriated it for part of the Defendant B’s investment amount.
Defendant D, the wife of Defendant B, jointly and severally guaranteed the above 30,000,000 loan obligations.
In addition, the Plaintiff loaned the Defendants KRW 4,00,000, totaling KRW 2,000,000 on March 18, 2014, and KRW 2,000,00 on March 29, 2014.
Therefore, the defendants are jointly and severally liable to pay 34,00,000 won = 30,000,000 + 4,000,000 won + interest and delay damages to the plaintiff.
B. As above, Defendant B entered into a partnership agreement with the Plaintiff and D on January 17, 2014 with respect to F, and Defendant B still remains unpaid KRW 8,00,000,000, excluding KRW 52,000 (=22,00,000 + KRW 30,000 + KRW 30,000) paid out of its investments.
In addition, the F was operated until February 2015, and as a result, the F incurred a loss of KRW 199,868,670.
Therefore, Defendant B is obligated to pay to the Plaintiff the total amount of KRW 8,00,000 and KRW 39,973,734,734 (=8,00,000 + + KRW 39,973,734 in calculation + KRW 39,973,734, and KRW 47,973,734 in claim of the Plaintiff) and delay damages, which amount to 20% of the shares of Defendant B, out of the total amount of KRW 199,868,670, and KRW 199,867, and KRW 670 in loss.
2. Determination
A. The evidence No. 1 (a business change contract), No. 15-5 (a business change contract), and No. 15-11 (a business change contract) of the part of the loan claim is established.