Text
1. Defendant B and D jointly share KRW 30,000,100 to the Plaintiff, and Defendant B jointly share the same.
Reasons
1. Determination as to the claim against Defendant B and D
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment made by deeming confessions: Articles 208(3)2 and 150(3) of the Civil Procedure Act;
2. Determination as to the claim against Defendant C
A. On November 30, 2016, the Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).
) Upon entering into a contract to entrust the operation of “G store,” which is a restaurant in the first floor F of the Geumcheon-gu Seoul building, Geumcheon-gu Seoul for five years, the Defendant Company is responsible for the entire operation of the building, and the Plaintiff agreed to invest KRW 150,00,000 (excluding value-added tax) for the expenses of interior and facilities. The Plaintiff paid KRW 30,000,000 per month to the Plaintiff for the remainder of the remainder of the period in accordance with a special agreement, the Plaintiff paid KRW 150,000 per month to the Defendant Company and KRW 150,000,000 for the use of interior and facilities for the purpose other than the business purpose. However, the Defendant Company paid KRW 10,000 per month to the Plaintiff and KRW 10,000 per month for the remainder of the period in which the Plaintiff invested.
3) Around March 2017, Defendant Company started operating the above restaurant and operated it until August 2017. 4) during the said period, the Plaintiff was paid KRW 9,00,000 for each month from March 2017 to May 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2-1 to 3, the purport of the whole pleadings
B. The Plaintiff’s assertion that Defendant D had no intent or ability to compensate the Plaintiff for the amount invested even if it was unable to normally operate or operate the restaurant for five years as the actual representative of the Defendant Company.
Nevertheless, the Plaintiff leased the restaurant operating place and invested KRW 150,000,000,000,000,000,000,000.