1. The defendant shall pay 70 million won to the plaintiff and 20% per annum from August 22, 2013 to the day of complete payment.

1. Basic facts

A. On March 29, 2013, the deceased C (the deceased on June 19, 2013, hereinafter “the deceased”) and the Defendant concluded a partnership agreement with the content that the Defendant will operate a single restaurant (hereinafter “instant partnership agreement”) on March 29, 2013, the first floor of the D ground building in Gwangjin-gu Seoul Special Metropolitan City (101 and 102).

At the time, the deceased agreed to contribute to KRW 70 million, and the defendant agreed to return the amount of investment in cash to the deceased without delay when the Dong business contract of this case is terminated or terminated.

B. The Deceased requested that the Plaintiff lend KRW 70 million to the Plaintiff in order to perform the duty of investment in KRW 70 million under the instant trade agreement.

Upon the above request, the Plaintiff lent KRW 70 million to the Deceased on March 29, 2013, and KRW 60 million on April 1, 2013, to the Defendant’s account.

C. As the Deceased died on June 19, 2013, E and F inherited the deceased’s property.

[Ground] Evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, E and F, the inheritor of the deceased, are obligated to pay the Plaintiff KRW 70 million borrowed by the deceased, and according to the records of evidence No. 5 and the fact-finding results on the Ministry of Land, Infrastructure and Transport, E and F may recognize the fact that the small property much larger than the active property.

On the other hand, since the Dong business contract of this case was terminated upon the death of the deceased, the defendant is obligated to pay KRW 70 million to E and F, the inheritor of the deceased, according to the Dong business contract of this case.

Therefore, the defendant is obliged to pay the above 70 million won and damages for delay to the plaintiff upon the plaintiff's claim by subrogation of the rights of E and F.

B. The judgment of the defendant as to the defendant's assertion (1) although the contract of the same kind of business of this case was concluded between the deceased and the defendant in form, the deceased and the defendant in fact.