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1. The Defendant’s KRW 41,00,000 and annual 6% from June 1, 2018 to November 22, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and the defendant invested 50 million won per each party to operate his / her vegetable store as a partnership business.
Accordingly, on June 11, 2016, the Plaintiff and the Defendant leased C and Yeonsu-gu Incheon Metropolitan City D shopping mall E (hereinafter “instant store”) KRW 50 million, monthly rent of KRW 2.3 million, and the period from June 20, 2016 to June 19, 2018. On the other hand, the Plaintiff invested the facility expenses, etc. in the instant store, completed business registration with the name of “F” and operated the store together.
B. On September 2016, the Plaintiff and the Defendant withdrawn from the said partnership business, and agreed that the Defendant independently operated the instant store. Accordingly, on September 26, 2016, the Defendant prepared a contract to change the lessee’s name to the Defendant and paid KRW 5 million to C. On the same day, the Plaintiff received the said KRW 5 million from C, and closed the said business registration on October 12, 2016.
C. Since then, the Defendant, while operating the instant store in a mixed manner, paid to the Plaintiff KRW 2 million on January 1, 2017 and KRW 2 million on February 1, 2017, respectively.
【Ground for recognition】 The facts without dispute, Gap evidence 1-1, 2, and 5-1, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The plaintiff asserts that the defendant, while settling a partnership relationship as above, agreed to return the plaintiff's investment of KRW 50 million to the plaintiff up to September 30, 2016. Thus, the defendant is obligated to pay the plaintiff the non-return of KRW 41 million and delay damages.
As alleged by the Plaintiff, the Defendant did not necessarily agree to return the amount of KRW 50 million invested, but the amount of KRW 25 million out of the deposit of the instant store shall be paid by the lessor, and the amount of KRW 25 million out of the facility cost of KRW 50 million shall be paid to the third party.