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1. The defendant shall be jointly and severally with C to the plaintiff KRW 100,000,00 and the period from November 3, 2018 to March 21, 2019.
Reasons
Comprehensively taking account of the purport of Gap evidence No. 1 and the entire arguments, the defendant and C, who were engaged in the same business, borrowed a total of KRW 100,00,000 from the plaintiff in order to use it as marina construction cost and goods price, etc. around July 2013. The defendant and C, upon request of the plaintiff, have repaid the principal, and the principal amount shall be repaid upon request of the plaintiff, and it is recognized that they prepared a loan certificate with the purport that the plaintiff would pay KRW 3,00,000 per month to the plaintiff including interest at the time of the day.
The Plaintiff claimed the payment of the principal of the loan and the damages for delay from the day after the duplicate of the complaint was served in the instant lawsuit.
In regard to this, the defendant and C made an investment in the secondhand commercial that the defendant and C used as the trade name D, and the defendant and C paid the plaintiff KRW 52,500,000,000 in total, monthly from October 2013 to December 15, 2015, and for 20 months from September 20, 2013 to May 2015, the defendant and C paid the plaintiff KRW 16,00,000 per month as rent for the place of business, and thus, they should be considered.
However, as seen earlier, the Plaintiff lent KRW 100,00,00 to the Defendant and C who were engaged in the commercial goods as a partnership business, and the Defendant and C promised to immediately repay upon the Plaintiff’s request. As such, the Defendant’s defense, which is premised on the said money as a partner, is not a loan, but an investment as a partner, cannot be accepted.
In addition, there is no evidence to prove that the defendant and C paid the plaintiff a total of KRW 52,500,000.
In relation to this part, the Plaintiff is arguing that by December 2013, the Plaintiff merely received KRW 3,000,000 from the monthly salary and interest group by doing work at the Defendant’s place of business until December.
Therefore, the defendant jointly and severally with C to the plaintiff KRW 100,000,000 and the following day after the delivery of a copy of the complaint in this case.