대여금 등
The part concerning Defendant B among the judgment of the first instance is modified as follows. A.
Defendant B shall pay 18,020,000 won to the Plaintiff.
1. Under the underlying facts, facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings as set out in Gap evidence Nos. 2, 6, 17, and evidence No. 25-1.
Defendant B, on June 27, 2013, leased the first floor of HA building E, F, and G (hereinafter “instant store”) from D in Yangyang-si, Nam-si, E, F, and G (hereinafter “instant store”). While Defendant B was unable to repay the Plaintiff’s obligations, he transferred the Plaintiff’s right to operate the instant store. On September 2, 2014, the Plaintiff completed the business registration with the trade name “J” having the instant store as its place of business.
B. The Plaintiff leased the instant store from D on September 8, 2015, but again Defendant B agreed to operate the instant store, while the Plaintiff and Defendant B agreed to receive KRW 64 million from Defendant B on February 29, 2016 and receive KRW 2 million each month from March 15, 2016 (one million each in February and August).
C. On April 20, 2016, Defendant B filed an application for bankruptcy and exemption (hereinafter “application for bankruptcy and exemption”) with the District Court (2016Haudan897, 2016, 897) (hereinafter “instant application for exemption”) and received the adjudication of bankruptcy on December 14, 2016, and the decision to grant immunity on February 8, 2018, and the decision to grant immunity became final and conclusive on June 11, 2019.
2. The parties' assertion
A. Plaintiff 1) The Defendants, as the husband and wife, were operating the instant store together with the Plaintiff’s husband and wife, by borrowing money from the Plaintiff or committing joint tort, such as fraud, embezzlement, etc. as follows, pursuant to Article 760 of the Civil Act, with respect to the Plaintiff (a joint and several liability).
① The Defendants initially agreed to pay to the Plaintiff KRW 1 million each month from December 2014 in return for the operation of the instant store. The Defendants did not pay KRW 1.5 million in total for 15 million from December 2014 to February 2016.
② The Defendants, around the beginning of May 2015, brought 1 million won to K a cooling house at the instant store, which was brought to Korea. The Plaintiff paid a payment order against K.