beta
Text
1. The Defendant: (a) KRW 35 million and the Plaintiff’s 5% per annum from May 25, 2019 to November 27, 2019; and (b).
Reasons
1. Facts of recognition;
A. On October 29, 2018, the Defendant deposited KRW 40 million with the Defendant’s investment in Dho Lake-gu, Yongsan-gu, Busan-gu, the second floor D and E (hereinafter referred to as “instant store”) of the instant building, respectively, and operated 2 location of the F, F, and G, with the trade name of “F” and “G.”
B. On November 7, 2018, the Defendant returned KRW 35 million, out of the above KRW 40 million, to the Plaintiff, and the amount of KRW 20 million among which the Defendant agreed to pay KRW 20 million to the Plaintiff at the end of March 2019 (hereinafter “instant agreement”), the Defendant prepared and issued a written confirmation containing the above contents (hereinafter “instant confirmation”).
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Assertion and determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 35 million and delay damages. 2) The plaintiff is obligated to pay the plaintiff the agreed amount of KRW 35 million to the end of its operation in addition to the investment of KRW 35 million from the defendant, and paid KRW 5 million to the defendant as early expenses. The defendant entered into the agreement in this case that he cannot operate the marina business, and the defendant cannot return KRW 20 million until December 31, 2018 at the time, and the defendant agreed to return KRW 40 million to the plaintiff by the end of March 2019. Thus, the defendant is obligated to pay the above agreed amount of KRW 35 million in addition to the above agreed amount of KRW 35 million to the plaintiff at the time of the agreement in this case. However, there is no evidence to acknowledge that the defendant returned KRW 5 million to the plaintiff by December 31, 2018.
B. On September 27, 2018, the Defendant asserted the Defendant’s defense, transferred the instant case’s business in E to H, who was the head of the Marina establishment, and introduced H on October 2018.