beta
Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from May 1, 2012 to the date of full payment.
Reasons
1. Basic facts
A. From around July 2006, the Defendants operated an entertainment tavern with the trade name “F” located in D and Gangnam-gu Seoul E (hereinafter “the instant entertainment tavern”). Around September 2008, G, who was working for the instant entertainment tavern, took over the shares of D’s entertainment tavern (15%) around KRW 400 million and invested KRW 740 million around July 201, thereby having the Defendants and G acquired shares of the instant entertainment tavern.
B. On November 26, 2010, G borrowed KRW 300 million from the Plaintiff as a security deposit (hereinafter “instant lending contract”) and prepared a monetary loan contract. The said monetary loan contract states that “Ga, an entrepreneur of the instant entertainment tavern, was from September 20, 2010 to September 19, 201, and borrowed money from the Plaintiff as a security deposit, with the interest rate of 24% per annum, and thereafter, on January 19, 2012, the said loan contract was accompanied by a copy of the loan contract, a business license certificate, a copy of the business registration certificate, and a copy of the business registration certificate.”
C. Meanwhile, after running the instant entertainment tavern business on March 23, 2004, the Defendants were registered as joint business operators as of January 2, 2012. The business permission certificate states that B and one other is the representative of the instant entertainment tavern. The Defendants and G drafted a partnership agreement on the instant entertainment tavern (hereinafter “instant business agreement”) on January 18, 2012, and the main contents are as follows.
Article 1 (Investment Obligations) A (Defendant B), B (Defendant C), and C (G) shall invest capital funds necessary for running an entertainment drinking house in the instant case jointly in 1/3.
Article 2 (Representative) Transactions, trade names, and other business activities with third parties necessary for the management of the above business.