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1. Certificates No. 197, 2013, written by the Defendant’s notary public against the Plaintiffs on May 3, 2013, signed by law firm creative creation.
Reasons
1. Basic facts
A. The Plaintiffs and the Defendant, on October 31, 2012, operated a restaurant with the trade name “E” (hereinafter “E”) as a partnership business, and around that time, the Plaintiffs invested a total of KRW 150 million in the number of the Plaintiffs, and the Defendant invested a total of KRW 317 million borrowed from the trade name of the Nonghyup Bank around September 28, 2012 at the trade name of the Nonghyup Bank (hereinafter “CF”) and invested a total of KRW 164 million remaining after being used as an individual among the loaned KRW 317 million from the trade name of the Nonghyup Bank.
B. On October 19, 2012, Plaintiff A and the Defendant entered into a lease agreement with D on the condition that the first floor of the F-based building in Seongbuk-gu, Sungnam-si shall be KRW 120 million, monthly rent of KRW 3.6 million, and the period from October 19, 2012 to October 18, 2014, and paid KRW 120 million out of the above investment amount to D as the lease deposit.
C. On December 1, 2012, the Plaintiffs and the Defendant: (a) opened the instant restaurant in the leased building as a partnership business; (b) agreed to terminate the partnership around April 2013; and (c) the Plaintiffs paid to the Defendant as part of the settlement amount, KRW 15 million, and KRW 5 million on May 2, 2013.
Meanwhile, on September 2012, the Defendant borrowed 26 million won from the High Agricultural Co., Ltd. (hereinafter “Seoul Agricultural Co., Ltd.”) and used it individually. In operating the instant restaurant, the Plaintiffs paid interest of KRW 317 million on behalf of the Defendant, and KRW 26 million on behalf of the Defendant for the loans of the High Agricultural Co., Ltd.
E. On May 3, 2013, the Plaintiffs and the Defendant finally concluded a settlement agreement (hereinafter “instant settlement agreement”) with the following terms and conditions, and upon the Defendant’s request, issued promissory notes (hereinafter “instant promissory notes”) with the face value of KRW 164 million per day, the addressee, the Defendant, and the date of issuance, May 3, 2013, and April 30, 2014, respectively.