(영문) 대구지방법원 2016.05.11 2015가단26129

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(영문) 대구지방법원 2016.05.11 2015가단26129

대여금

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1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual interest thereon from May 8, 2015 to May 11, 2016.

Reasons

1. Basic facts

A. The defendant is starting and operating a restaurant in Daegu, etc.

The plaintiff became aware of the plaintiff while working as an employee in the restaurant operated by the defendant, and as a result, has invested in the defendant's restaurant business or engaged in the restaurant business.

B. Around August 2009, the Defendant opened a restaurant with the trade name “D” in Daegu Suwon-gu C, and received KRW 100 million from the Plaintiff and 50 million from E and raised funds.

(30% of the shares of the Plaintiff and E, and 40% of the shares of the Defendant). However, as the Defendant did not pay the Plaintiff earnings on the ground of the operating progress, the Defendant voluntarily changed the type of food soup to soup, and upon the Plaintiff’s request for the return of the investment amount, returned KRW 30 million to the Plaintiff on January 3, 2012.

After that, the defendant sold the business in the end, and additionally returned 50 million won to the plaintiff on January 2013.

C. In addition, around October 2009, the Defendant opened a restaurant with the trade name “G” within the Daegu Eastdong department store F stores, and received KRW 100 million from the Plaintiff and raised funds by receiving KRW 100 million from the Plaintiff (30% of the Plaintiff and H’s shares, and KRW 40% of the Defendant’s shares). However, as well as around March 2014, the Defendant closed down its business.

Then, the Defendant returned to the Plaintiff KRW 50 million out of the investment amount, KRW 10 million on April 2015, and KRW 10 million on April 1, 2015, and KRW 10 million on April 2015.

Therefore, the plaintiff's total amount of investment in the above two restaurants shall be KRW 20 million, and the amount returned among them shall be KRW 150 million.

E. Meanwhile, the Defendant did not specifically inform the Plaintiff of the status of profit and loss or the details of residual assets after the completion of the business during the above two restaurants (e.g., store lease deposit, premiums, business debts, etc.).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including a provisional number; hereinafter the same shall apply), witness I's witness I's testimony, the purport of the whole pleadings

2. Claims and judgments.

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