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1. The Plaintiff (Counterclaim Defendant) B: (a) 212,00,000 won to the Defendant (Counterclaim Plaintiff) and its related thereto from December 26, 2012 to January 24, 2014.
Reasons
1. Facts of recognition;
A. The relationship between the parties 1) since 2003, Plaintiff B and the Plaintiff, who was aware of his marriage, were jointly engaged in the business of leasing or investing in real estate, etc., and the content thereof is as stated in B. 2. The Defendant Company is a company established for the purpose of leasing residential or non-residential buildings, and the representative director is Defendant D.
B. The business contents of the plaintiffs and defendant D 1) related to the 101, 102, and 103 of the 1st underground floor of the Gangnam-gu Seoul E-building in Seoul, Gangnam-gu ① The plaintiffs and defendant D 1, around 2004, are restaurants with the trade name "F" in the 101, and 103 of the 1st underground floor of the above building (hereinafter "the restaurant in this case").
B) The real estate brokerage business (hereinafter “instant real estate office”) is the name of “G” in one of the parts dividing the No. 102 of the first floor above the same building into partitionss.
(2) On January 14, 2005, Defendant D, as the representative director of the Defendant Company, has invested a certain amount of money in order to purchase interior works and facilities in each of the above businesses owned by the Defendant Company, with the amount of KRW 12,000,000 per month (the rent of KRW 6,000,000 on the lease contract) as the Defendant Company’s account, and the remaining amount of KRW 6,000,000 on the lease contract. The Plaintiffs agreed to receive KRW 6,00,000 from the Defendant Company’s personal account, and the lease period of KRW 24 months from February 14, 2005.
③ On January 4, 2005, Plaintiff A registered the business of the instant restaurant, and entered into a franchise agreement with the Korean Educational Agent Co., Ltd., and entrusted the management of the said restaurant to the Korean Educational Agent Co., Ltd., and commenced the business around March 2005.
④ On July 24, 2007, Plaintiff A reported the closure of business, and the business registration of the instant restaurant was conducted around July 25, 2007, and H thereafter entrusted the instant restaurant to I, a stock company.