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1. Defendant B shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from January 20, 2019 to the date of full payment.
Reasons
1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.
The plaintiff is engaged in wholesale and retail business of animal residuess (W) with the trade name of "D".
Defendant B operated the “E” workplace.
The Plaintiff asserted that the Defendants jointly operated the “E” business, but according to each of the evidence Nos. 1 and 2, “E” is merely a sole business operator, and there is no evidence that the Defendants jointly operated the said business.
Only because the Defendants were married at the time, the Defendants cannot be deemed jointly operated.
The operation of a business entity does not belong to the category of "the daily home life of the father" as stipulated in Article 832 of the Civil Act.
In the end, the plaintiff's assertion in this part is rejected.
[A] On July 3, 2012, the Plaintiff entered into a collection contract with Defendant B, and paid KRW 50 million to Defendant B as a security deposit on the day, when the Plaintiff entered into a collection contract with Defendant B’s place of business (hereinafter “instant transaction”).
Article 3 of the contract provides that "The whole amount of KRW 50 million shall be refunded in cash immediately when the contract is interrupted or terminated."
[A] 1 and 2] After that, while the instant transaction was discontinued and Defendant B did not return KRW 50 million, the following loan certificates were prepared on July 17, 2014:
[A. 4. hereinafter referred to as “the loan certificate of this case”) - Pursuant to the delegation of Defendant B who completed consultation with the Plaintiff, Defendant C, the wife of Defendant B, prepared a loan certificate with the Plaintiff.
- The loan certificate ① debtor column (the name, resident registration number, address of Defendant B), ② the loan amount column (the error, 50,000,000), ③ the due date ( July 17, 2015) and ④ the date ( July 17, 2014) were prepared by Defendant B GH C, and ⑤ the debtor column at the bottom of the document was signed by Defendant C in the name of Defendant B.