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1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and each year from March 11, 2016 to July 20, 2017.
Reasons
1. Basic facts
A. Defendant B is running the mutual distribution business of “E”, the mutual distribution business of “F”, and the restaurant business of “G” respectively. However, Defendant B and D were loaned KRW 200,000,000 from the Plaintiff through Defendant C, which is the wife of Defendant B, to jointly run each of the above businesses on September 2013, and to raise funds for its operation. In order to raise funds, Defendant B and D was loaned KRW 100,000,000 on October 1, 2013 through Defendant C, which is the wife of Defendant B, and KRW 50,000,000 on March 31, 2014.
B. After the Plaintiff’s request for the repayment of each of the above loans, Defendant B and D proposed that the Plaintiff jointly participate in each of the above businesses under the name of Nonparty H, the husband of the Plaintiff, and that the Plaintiff and the above H would accept the said loans from the Plaintiff and the Defendant B, D and H, and that the said loans will be converted into capital contribution on May 12, 2014, and the name of the joint entity should be called “I” (hereinafter “instant joint project”); Defendant B40%, H30%, and Defendant D30%, respectively; on the same day, H invested KRW 50,00,000 as capital for the instant joint project in addition.
C. On the other hand, around September 19, 2014, the Plaintiff transferred the pertinent funds of KRW 50,000,000 to Defendant D in order to obtain the chain establishment of Defendant D’s “J” at the time, and Defendant B and D used the said funds as the operating fund of the instant joint project.
H, Defendant B, and D established a corporation to operate the instant joint project by establishing a corporation, and, in addition, established a corporation for the instant joint project from November 6, 2015 to participate in the instant cooperative by January 1, 2016. The instant association’s shares were H35%, Defendant B30%, Defendant D25%, and Defendant C10% (hereinafter “instant agreement on the establishment of a corporation”). The said agreement was concluded with H and the Defendants.