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1. The Defendant shall pay to the Plaintiff KRW 364,636,046 and the interest rate of KRW 20% per annum from April 12, 2014 to the date of full payment.
Reasons
Basic Facts
On December 28, 2009, the plaintiff and C entered into a partnership agreement with the plaintiff and C to operate a used vehicle trading business with each of KRW 500 million KRW 300 million D 203 and 204 of the members of Ansan-si, Ansan-si, and to distribute profits therefrom to the defendant 40% and the plaintiff and C 30% (hereinafter referred to as "the partnership of this case").
Accordingly, the Plaintiff, the Defendant, and C invested the amount equivalent to the agreed investment in money or a motor vehicle on January 31, 2010, and operated the used motor vehicle transaction business in the trade name of “E” from February 1, 2010 to “E”, and the profits are settled monthly and distributed, but the Defendant agreed to be additionally paid KRW 2 million per month in addition to operating the E as the representative director and operating profits.
The defendant had operated E from around that time, and had transferred its operating right to the plaintiff around December 2010.
After that, the Plaintiff continued to conduct the business by starting the business with the trade name “F” around March 2012, and, in total, “C” in the operation of the instant business entity, expressed its intent to withdraw from the instant business entity. On September 25, 2012, the Plaintiff and the Defendant drafted a loan certificate stating that on September 25, 2012, the Plaintiff and the Defendant shall pay KRW 350 million to C by June 30, 2013.
(On the other hand, C filed the instant lawsuit against the Defendant with the Plaintiff on the ground of the above loan certificate, but the conciliation was concluded between the Defendant and C on November 17, 2014 that “the Defendant would pay C KRW 183,00,000.” After which the Plaintiff also decided to withdraw from the instant association. Accordingly, the Defendant paid the Plaintiff KRW 400 million to the Plaintiff on November 5, 2012, and the Defendant paid the Plaintiff KRW 400,000 to the Plaintiff on December 31, 2013, and paid the interest of KRW 2,00,000 per month until the said payment date, but if the Plaintiff does not participate in the management of the instant company, the agreement that the said interest is not paid.”