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1. The Defendant’s KRW 215,00,000 for the Plaintiff and the following: 15% per annum from October 25, 2018 to May 31, 2019.
Reasons
1. The portion of a claim for KRW 100 million from loans or investments made on July 25, 2016;
A. The plaintiff asserts that the defendant should pay 100 million won of loans or investments to the plaintiff.
In this regard, the defendant asserts that since the plaintiff, the defendant, and C established D as a partner, it is unreasonable to impose liability for KRW 100 million on the defendant only when D was closed at the present.
B. Determination 1) On July 25, 2016, the Plaintiff, the Defendant, and C drafted a trade agreement on D (Evidence A2) with respect to D.
B) The Defendant, as his representative, registered his business in his name. According to the above agreement, the Defendant and C agreed to manage D as a manager and a partner, and the Defendant and C agreed to manage their property. D’s external transactional relationship and liability for losses arising from the business are also borne by the Defendant and C except the Plaintiff. However, the Plaintiff invested KRW 100 million to the Defendant and C, and received KRW 8 million per month from the Defendant and C as the consideration for the investment, and agreed to terminate the contract and receive KRW 100 million per month from the Defendant and C.
Accordingly, on July 25, 2016, the Plaintiff invested KRW 100 million to the Defendant and C.
[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings as to whether the plaintiff is a party to the partnership agreement, the defendant and C shall pay to the plaintiff KRW 8 million per month as the consideration for the investment amount regardless of the occurrence of D's interests. Since the defendant and C shall belong to the rights and obligations and losses arising from D's external transactional relationship, etc. and the plaintiff shall not be attributed to the rights and obligations and losses, it is reasonable to view only the defendant and C as a party to the partnership agreement on D, and the plaintiff as an investor to the defendant and C is not a party to the partnership agreement.