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1. As to the Plaintiff, Defendant B’s KRW 11,652,00, and Defendant C’s 3,000,000 out of the respective money of Defendant B and each of them.
Reasons
1. Basic facts
A. On April 6, 2013, the Plaintiff operating the SCO car business in the name of “D” entered into an agreement with “F golf course” (hereinafter “E”) for the business partnership for the business partnership of “F golf course operated by E” (hereinafter “F golf course”), and (1) the term of the contract is determined from May 1, 2013 to April 30, 2015; (2) the extension of the contract upon the expiration of the term of the contract shall be determined by the agreement between the Plaintiff and E; and (3) if either party violates the terms of the contract, one party may terminate the said business partnership agreement in the middle of the term of the contract upon written notice.
B. On June 25, 2013, while the Plaintiff installed and operated the 3rd Deputy Director (hereinafter “the 3rd Deputy Director”) in F golf courses, the Plaintiff entered into a partnership agreement with Defendant B to operate the 3rd Deputy Director as a partnership business and to pay 50% of the operating earnings of the 3rd Deputy Director at KRW 20 million from Defendant B as security deposit.
C. Since then, the Plaintiff received total of KRW 15,50,000 from Defendant B as a security deposit, and the Plaintiff operated the Deputy Director of the instant case with Defendant B along with Defendant B, and terminated the said business arrangement around August 17, 2013.
On August 23, 2013, the Plaintiff agreed with Defendant B to make a lump sum repayment to the Defendant by November 23, 2013, at KRW 15.5 million, the Plaintiff prepared a notarial deed (hereinafter “notarial deed of this case”) containing KRW 13,907,750, which is the sum of KRW 1,257,750, and KRW 1,550,000,000, KRW 2 million - KRW 1,257,750, and KRW 850,000,000, KRW 1,257,750, and KRW 850,00,000, which the Plaintiff received from Defendant B, and on the same day, the Plaintiff and Defendant B prepared on the same day a notarial deed (hereinafter “notarial deed of this case”).
E. The Plaintiff on November 23, 2013