손해배상(기)
1. The defendant has 5% per annum from December 26, 2011 to November 23, 2018 against each of the plaintiffs as to KRW 91,53,930 per annum.
1. Basic facts
A. From August 10, 2009, the plaintiffs, the defendant, and the defendant operated the e station located in Seo-gu, Seocheon-si (hereinafter referred to as the "e station of this case") as a partnership business from around August 10, 2009 to distribute profits according to the ratio of investment.
As the ownership of the site and the building of the gas station of this case is under the name of the defendant, the defendant led to the management of the funds of the gas station of this case.
B. On April 27, 2011, the Defendant agreed to sell the instant gas station to F, and delivered F, around April 30, 2011, the instant gas station to F. (2) the Defendant and F, as the purchaser, entered into a pre-sale agreement with the Defendant as the buyer on May 3, 201, and the pre-sale agreement with the Defendant as the buyer on the pre-sale agreement, set up the pre-sale agreement in the form of KRW 3400,00,000. In this regard, the Defendant agreed to sell the instant gas station to the purchaser at the Defendant’s expense to make a provisional registration to preserve the right to claim for ownership transfer registration.
As a result, G completed a provisional registration on May 4, 201 to preserve the right to claim ownership transfer registration with respect to the gas station in this case.
3) On or around December 29, 2011, Defendant and F paid KRW 3,350,000,000 to the sales price of the instant gas station (hereinafter “instant sales price”).
2,20,000,000 among them, the existing loans secured by the gas station of this case (the plaintiff and the defendant offered the gas station of this case as security on July 24, 2009 and borrowed a total of KRW 2,200,000 from three financial institutions.
In lieu of F’s acceptance, at the time of the remainder of the purchase price, the Defendant and the Plaintiffs, who were the partners of the instant gas station, were to pay the following unjust enrichment return lawsuit, after a final and conclusive lawsuit for return of unjust enrichment. To secure this, on February 27, 2012, the establishment registration of the mortgage regarding the instant gas station in the future of the Defendant as to the maximum debt amount of KRW 700,000,000 is required.