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1. The judgment of the court of first instance is modified as follows.
The Plaintiff’s individual rehabilitation claims against the Defendant are KRW 71,248,345.
Reasons
1. Basic facts
A. On June 2013, the Plaintiff became aware of the Defendant, who was engaged in financial business and retired from his/her office, who mainly runs the business of manufacturing and selling male water in Seoul, Ulsan, Busan, etc.
B. When funds are needed to expand D stores, the Defendant: (a) around January 12, 2014, intended to obtain the sales license of D, which “D,” and (b) open the store in Ulsan and Busan, and directly operate the store in Ulsan; (c) to lend money, the Defendant would pay a certain percentage of interest and a certain percentage of interest. The Defendant is currently operating with another person. The amount of money is KRW 300,000,000,000 sales value of the modern department store E-, which is currently operated jointly with the current department store head office, and there is 2/3 of the total amount of money so that the store can be repaid at any time.”
However, at the time, the defendant was employed as an employee at the head office Epwork shop of the modern department store, and did not jointly operate the store or own the share of the store.
The plaintiff agreed to lend KRW 200,000 to the defendant in trust of the defendant's above words, and the main contents of the agreement are as follows.
The Plaintiff borrowed the amount of KRW 100,000,000 on January 20, 2014, and KRW 100,000,000 on February 22, 2014, respectively, from the obligee, the obligor borrowed the amount from the obligee on January 20, 2014.
The repayment method is as follows:
1. It will pay an interest rate of KRW 100,000 per annum on KRW 12% (12%) on the 20th of each month.
2. For KRW 100,00,000 won in Korean won, the purchase amount shall be paid at the rate equivalent to KRW 100,000 in monthly installments (587,700,000,000,000) based on the profits accrued from D’s goodwill and Busan store. The debtor may demand a conversion of shares as shares at any time during the period operated by the debtor.