투자반환금 등
1. The Defendant shall pay to the Plaintiff KRW 217,576,440, among which KRW 154,131,00 is paid to the Plaintiff, from June 1, 2016 to the day of full payment.
Facts of recognition
On November 17, 2010, the Plaintiff entered into a contract with the Defendant to operate a restaurant located in Yancheon-si (hereinafter “instant partnership contract”). The termination of the said contract later would be determined after compensating for the investment principal under mutual agreement, and the Plaintiff invested a total of KRW 63,445,440 (hereinafter “instant investment amount”).
On October 23, 2013, the Plaintiff received a certificate of loan from the Defendant to the effect that: (a) the Plaintiff borrowed KRW 30 million on December 2, 2013; (b) KRW 230 million on December 2, 2013; and (c) the Plaintiff borrowed KRW 20 million on December 24, 2013 without due date; and (b) the Plaintiff borrowed KRW 300 million on December 24, 2013 each of the above loans from the Defendant at KRW 5 million on a monthly interest rate of KRW 300 million on December 24, 2013.
(2) On March 8, 2016, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “first collateral security”) with respect to the fourth-story building on the land, e.g., Dong-gu, Chungcheongnam-gu, Seoul, and the fourth-story building owned by the Defendant on March 8, 2016, based on the maximum debt amount 400 million won.
On May 30, 2016, the Defendant paid 200 million won to the Plaintiff as repayment of the principal and interest of the instant loan, and cancelled the registration of the establishment of the instant neighboring mortgage.
On the other hand, D and E purchased from the Defendant on May 19, 2016 the instant real estate site, buildings, and G land (hereinafter collectively referred to as “instant real estate”), etc. on May 30, 2016, and completed the registration of ownership transfer with respect to each of the instant real estate shares on May 30, 2016. On June 22, 2016, the Plaintiff completed the registration of ownership transfer with respect to each of the instant shares at issue on June 22, 2016, with the maximum debt amount of KRW 220 million as the debtor, the Defendant, and the maximum debt amount of KRW 20 million (hereinafter “the second mortgage”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, 14, Eul evidence Nos. 1 and 2 (which include serial numbers; hereinafter the same shall apply), and the ground for the claim for loans as a whole.