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1. Defendant B shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from March 3, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 1, 2013, Defendant B registered his business under the trade name “E” on the first floor of the Kucheon-gu D shopping mall in Bupyeong-gu, Seocheon-gu, Seoul, and started the Korean-style restaurant business.
B. On March 22, 2013, the Plaintiff entered into an investment contract with Defendant B regarding “E” (hereinafter “instant investment contract”). The main contents are as follows.
Section 1. (Purpose of this Agreement) The purpose of this Agreement is to clarify mutual rights and obligations between the Plaintiff and the Plaintiff in investing KRW 300,000,000 in C Incidental E and owning 20% of its equity ratio.
Article 5 (Obligations to Observe Business) (2) Business operations, operation and management, personnel management, and financial management are managed by Defendant B. Article 6 (Adjustment) (1) Defendant B shall settle accounts on April 2013 to the Plaintiff and pay 20% of net income to the Plaintiff from April 2013 to the fifth day of the following month.
2) All accounts shall be equity shares. (The expiration and termination of the contract) In the event that the place of business is transferred to a third party under the agreement between Defendant B and the Plaintiff, all revenues (security deposit, premium, facility cost, etc.) shall be distributed by equity and calculated by equity at the time of remodeling or re-investment.
C. On July 16, 2014, the Plaintiff and Defendant B decided to terminate the partnership relationship under the instant investment contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings
2. Claim against the defendant B
A. The Plaintiff’s assertion 1) Defendant B agreed on July 16, 2014 with the Plaintiff and agreed on the termination of the instant investment contract and agreed on the termination of the partnership relationship, and agreed on the refund of KRW 300 million to the Plaintiff with the settlement amount (hereinafter “instant settlement amount”).
(2) However, inasmuch as the Plaintiff paid KRW 50 million to the Plaintiff on the same day, and did not pay the remainder of KRW 250,000,000,000, the Plaintiff is obligated to pay KRW 250,000 to the Plaintiff. (2) Defendant B’s assertion did not enter into an agreement with the Plaintiff on the settlement amount of the instant case.
B. The Plaintiff’s judgment on March 22, 2013 and Defendant B.