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1. The Defendant’s KRW 23,500,000 as well as the Plaintiff’s annual rate of KRW 5% from April 4, 2015 to July 14, 2016, and the next day.
Reasons
1. Basic facts
A. On October 21, 201, the Plaintiff jointly operates the D Fitice Center (hereinafter “instant health club”) with the Defendant on October 21, 2011, the Plaintiff: (a) assessed the value of the said health club as KRW 180 million; and (b) invested KRW 90 million, half of each person; (c) on the same day, the Plaintiff entered into a lease agreement with E, the owner of the instant health club, and paid KRW 50 million; (d) the Plaintiff agreed to distribute profits in 50% from November 1, 201 to February 29, 201; and (e) written a joint agreement to additionally invest KRW 40 million on March 15, 2012.
(hereinafter referred to as “instant trade agreement”). (b)
Pursuant to the instant business agreement, the Plaintiff leased the instant health club from E on October 21, 201 under the Plaintiff’s name as KRW 50,000,000, and the term of lease from November 1, 201 to November 1, 2013, and paid KRW 50,000,000 to E around that time.
C. The Plaintiff paid the Defendant KRW 40,000,000,000, totaling of KRW 15,000,000 on October 2, 201, and the total amount of KRW 16,00,00 on November 16, 201, and KRW 10,000 on December 6, 201.
On June 25, 2012, the Defendant completed on June 25, 2012 the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to F apartment, F apartment, 110, 702, and 40,000,000 won with respect to the Plaintiff, which was owned by the Defendant, and the obligor B and the mortgagee A.
E. On October 21, 2011, the Defendant, as Seoul Central District Court Decision 2014 High Court Decision 2014Da11772, operated the instant health club as a partnership business with the Plaintiff and the Plaintiff moved to China around January 2012, the Defendant, while operating the said health club, kept the equipment, etc. of the said health club for the Plaintiff who is a partner, was unable to repay the money borrowed from G on March 2013.