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1. The Defendants jointly and severally agreed with the Plaintiff KRW 1,961,213 as well as 5% per annum from July 23, 2019 to December 11, 2019.
Reasons
1. Facts of recognition;
A. Defendant B and D agreed to establish and operate a warning point on August 2016 and agreed to operate together, and invested KRW 50 million each.
B. After that, the Plaintiff and E agreed to participate in the partnership business, and the Plaintiff invested 50 million won each on August 28, 2016, and E on September 2, 2016.
C. D and E decided to withdraw from a partnership business around November 2016, and Defendant B agreed to return KRW 50,450,518 to E, after evaluating the value of the business equipment as KRW 106,450,518.
Defendant C participated in the horse racing on November 2016.
E. Meanwhile, on September 27, 2016, the Plaintiff decided to lend KRW 150 million from D at an annual interest rate of 10% (1.25 million per month). On September 30, 2016, the Plaintiff deducted KRW 5 million from the interest prior to September 4, 2016 (=145 million per month x 4 months) and lent KRW 15 million.
D promptly returned 20 million won to the Plaintiff on the same day, and 667,000 won interest for the corresponding 4 months was refunded from the Plaintiff.
F. On December 12, 2016, the Plaintiff received a direction from Defendant B to pay KRW 56,450,518 that the Plaintiff would pay to D, but on the same day, remitted only KRW 40,783,518 to D, and the remainder KRW 15,67,000 to the Plaintiff’s personal account ( Nonghyup Bank G).
G. Around May 2018, the Plaintiff decided to withdraw from a partnership business. The Defendants, from KRW 50,00,000 to KRW 15,667,00,000 of the Plaintiff’s investment amount, did not transfer to D on December 12, 2016, and paid KRW 34,333,00 after deducting KRW 15,67,00 that was deposited into the Plaintiff’s principal account. However, the Plaintiff rejected the payment.
H. The Defendants paid KRW 34,33,000 to the Plaintiff on July 22, 2019, while the instant lawsuit was pending.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion is accompanied by D with a loan claim that is paid KRW 15,667,00 from D on December 12, 2016.