beta
Text
1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 62,00,000 and its amount from November 2, 2014.
Reasons
1. Basic facts
A. At around November 201, Nonparty D agreed to transfer 50% of the shares in the instant store to Defendant B and operate the said store in a partnership with the said store, while Nonparty D took over and operated the F in 220,000,000 won of the said store located under the ground of the E-building (hereinafter “instant store”).
Accordingly, from December 20, 201 to December 30, 201, Defendant B paid a total of KRW 110,000,000 to D and operated the said store as a partnership from that time.
B. Meanwhile, from July 201 to December 201, 201, D borrowed a total of KRW 104,000,000 from the Plaintiff and was liable for the loan. However, around May 15, 2012, Defendant C and D, the Plaintiff’s mother, on the ground that the Plaintiff was a joint business proprietor, and Defendant C and D operated the instant store solely from around that time.
After February 19, 2014, D and Defendant B drafted a partnership agreement on the operation and business transfer of the instant store.
According to the above business contract, from January 1, 2015, the business is conducted on the premise that the business of the store of this case is to be sold. The business profits of the store of this case in 2013 shall be held by Defendant B; D shall operate the store of this case in 2014; it shall operate the store of this case in 2014; it shall be paid in 50,000 won per month to Defendant B for every seven months in return for the business; and in the event the business of the store of this case is transferred, the sales proceeds shall be distributed in 1/2; and D shall pay 50,000 won out of 1/2 of its share in distribution to Defendant B.
E. Since then, around April 28, 2014, the Plaintiff and the Defendant confirmed that the signature of the said deed signed by a private person was the principal, as the confirmation of the “written confirmation of the contents of the FIE’s meritorious deed” in the certificate (hereinafter “instant certificate”) signed by the law firm Dae-ju, No. 537, 2014.