1. Defendant C’s KRW 65,00,000 and the Plaintiff’s annual rate of KRW 5% from November 5, 2013 to September 18, 2014.

1. Basic facts

A. The Defendants, as married couple, leased the “Second Floors of the F Building in Daejeon Metropolitan Government D” and operated E (hereinafter “the instant screen golf course”), and sold the instant screen golf course to G around February 2013, KRW 220,000.

B. Meanwhile, from November 2, 201 to January 3, 2012, the Plaintiff transferred KRW 93,000,000 to Defendant B’s national bank account, thereby getting back KRW 3,00,000.

Then, from January 28, 2012 to December 21, 2012, the Defendants transferred KRW 13,000,000 to the Plaintiff. After selling the instant screen golf course, the Defendants again transferred KRW 30,000,000 to the Plaintiff on February 12, 2013, which was after selling the instant screen golf course.

[Ground of recognition] Facts without dispute, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Judgment on the main claim

A. Plaintiff’s assertion 1) The Plaintiff invested KRW 90,00,000 in each of the instant screen golf clubs with the Defendants while operating the instant screen golf club. The Defendants sold the instant screen golf club to G and received KRW 220,00,000 without the Plaintiff around February 2, 2013. Accordingly, the agreement between the Plaintiff and the Defendants was terminated on February 2013, and only KRW 30,000 out of the sales price was paid to the Plaintiff even though the Plaintiff paid KRW 110,00,00,000, which is a half of the sales price. Accordingly, the Defendants are obligated to pay the remainder to the Plaintiff. Although the Defendants, even if they did not pay KRW 80,00,000 among the sales price of the instant screen golf club, they constitute embezzlement, the Defendants are obligated to pay KRW 80,000,000 to the Plaintiff around 10,000 and KRW 30,000,000 to the Plaintiff.

However, around February 2012, the plaintiff and defendant C are in partnership business.