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1. As to KRW 63,407,843 and KRW 60,80,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 63,407,843 from February 1, 2014, and KRW 2,607,843.
Reasons
1. Basic facts
A. The Defendant was loaned KRW 2,00,000,000, in total, from the Bank on April 30, 2013, for the purpose of opening the D points on the third floor of the Suwon-si C building in Suwon-si, Suwon-si, and KRW 400,00,000,000, among July 2013, 2013, as business funds.
B. Around May 9, 2013, F, at the time of Defendant and E Company, invested KRW 900,000,000 to the Defendant, thereby setting F’s investment shares as KRW 15%, and having been distributed profits according to the investment shares, and the investor entered into a partnership agreement with the purport that F does not participate in the management.
Afterward, the Defendant received KRW 900,000,000,000 from F on May 10, 2013, and KRW 600,000,000 on August 13, 2013.
After that, around September 17, 2013, the Defendant and F agreed that F will make an additional investment of KRW 300,000,000 to the Defendant and add 5% of the F’s equity interest. Accordingly, the Defendant received KRW 300,000,000 from F.
C. The Defendant opened a business on October 1, 2013 and opened a business. The Defendant and F agreed to increase F’s investment on October 201, 2013 due to the shortage of business funds, etc., with the total amount of KRW 4,000,000,000 (Defendant 2,000,000,000,000, 2,000,000,000), and with the investment shares of KRW 50,000,000, respectively. Accordingly, the Defendant received additional KRW 30,00,000 from F on October 2, 2013, and the total amount of KRW 20,000,000,000,000,000,000 on April 20, 200,000,008,000,008,000.
Around November 13, 2013, the Defendant and F entered into a partnership agreement with the effect that the Plaintiff, a private business chain D (hereinafter “Plaintiff”) will convert into and operate the Plaintiff (hereinafter “Plaintiff”), which is a private business chain. In addition, the Defendant and F agreed to take over the Defendant’s obligation to pay loans to the Defendant’s banks, and F will take over the Defendant’s share of 50% against the Plaintiff Company.
E. The Plaintiff Company was established on December 3, 2013, and the Defendant is the representative director of the Plaintiff Company from December 3, 2013 to January 23, 2015.