1. Defendant B shall pay to the Plaintiff KRW 26,535,503 and the interest rate of KRW 15% per annum from February 25, 2017 to the date of full payment.

1. Basic facts

A. The Plaintiff and Defendant B decided to operate a restaurant as a partner around February 2012.

B. On February 24, 2012, the Plaintiff entered into a lease agreement with D to lease the building Gangnam-si in the deposit amount of KRW 100 million, and paid KRW 10,000,000 to D as down payment.

C. Around April 3, 2012, the Plaintiff purchased a secondhand car car with the payment unit and allowed the Defendant to use it. The Plaintiff paid KRW 1,55,503 as an installment from April 2012 to September 2012.

The Plaintiff paid Defendant B KRW 3,050,000,000, totaling KRW 2,300,000 on September 7, 2012, as a result of the internal construction cost of the said building.

On November 14, 2012, Defendant B registered his/her business with the trade name “F” in the name of Defendant C, and Defendant B concluded a lease agreement with Defendant C on November 14, 2012 with respect to the foregoing building at KRW 100 million under the name of Defendant C, and did not separately pay the down payment.

E. From November 2012, the Defendants were running a restaurant business, and the Plaintiff was not involved in Defendant B’s construction for the restaurant business or engaging in the restaurant business at all.

F. Meanwhile, the Plaintiff paid KRW 11,930,000 to Defendant B from January 2010 to September 2012.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and Defendant B registered the business under the name of the Plaintiff, and the Plaintiff paid the security deposit, and the Defendants concluded a partnership agreement by deciding to operate the restaurant.

However, the defendants arbitrarily registered the business in the name of defendant C, which is contrary to the partnership business agreement, so they withdraw from the partnership business agreement.

Therefore, the Defendants are obligated to refund the investment amount paid by the Plaintiff (10,000,000 won for lease, and the internal construction cost of KRW 3,050,00).

② The Plaintiff lent KRW 11,930,00 to the Defendant B, and KRW 1,55,503 in the middle and high-ranking installments on behalf of the Defendant B.