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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. Defendant C, who decided to operate F, G and Moel businesses, purchased D & D 404.3 square meters (hereinafter “instant land”) on April 6, 2001, and completed the registration of ownership transfer on September 4, 2001 in F and G names, after completing the registration of ownership transfer.
Since September 18, 2001, Defendant C, F, and G began to jointly operate the “Eel” newly constructed on the ground of the above land (hereinafter “instant telecom”) with respect to Defendant C1/2 shares, F, and G 1/4 shares.
B. The Defendants, as married couple, agreed to receive KRW 100 million from the Plaintiff in order to raise the investment funds for the instant franchise business. On October 3, 2001, the Plaintiff entered Defendant B as the borrower and Defendant C as the guarantor, respectively, and entered the following “a certificate of rent and contract” (hereinafter “instant agreement”), and received KRW 100 million from the Plaintiff (hereinafter “instant money”).
Defendant B borrowed KRW 100,000 from the Plaintiff, and stated that the EteM profit in the 10/100 of the monthly agreement is 100/100, but it appears to be a clerical error of 10/100.
dividend and, if any, grant 10/100 of the property rights at the time of disposal of the telecom.
C. The Plaintiff served as the manager of the instant cartel from October 2001 to November 2003, and was appointed as the manager of the instant cartel from October 2001 to October 201. D.
Defendant B returned KRW 50 million out of the instant money to the Plaintiff around June 2004.
E. F and G decided to transfer to the Defendants the shares in the franchise business partnership, and on May 4, 2015, the Plaintiff, the husband of Defendant C, completed each transfer registration of shares to Defendant B on the grounds of the sale of each of the shares in the instant land and the 1/4 shares in the aggregate.
Since then, on July 18, 2017, the Defendants amount to H and I for KRW 1,270,000,000.