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1. Defendant B’s KRW 20,356,214 as well as 5% per annum from January 17, 201 to December 23, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On November 12, 2001, the Plaintiff entered into a lease agreement with the government of the Dak-gu, China to lease and operate the instant hotel’s ancillary facilities, such as E hotel (hereinafter “instant hotel”) and Han cafeteria F (hereinafter “instant restaurant”).
B. Around August 2003, the Plaintiff engaged in the business of operating the hotel and its ancillary facilities of this case as 50% shares of each of the 50% shares of G, while entering into an oral agreement with the Plaintiff to take charge of its management, the Plaintiff received investment of KRW 480,000 from G until December 2013, and entered into a partnership agreement with G as to the operation of the hotel and its ancillary facilities of this case between G around February 10, 2004.
C. Around that time, the Plaintiff leased the instant restaurant to G, H, and I three persons with the lease term of December 31, 2008, the lease deposit of KRW 50,000,000, monthly rent of KRW 2,000,000, and the said three lessees jointly operated the instant restaurant.
The above three lessees held 3.3% of each of the instant restaurants (i.e., 1/3) shares, but the profits are paid to the management officer 40% and 30% of the remaining partners. The agreement was made to take charge of the management throughout a year, but the rate of distribution was revised to have been paid to the management officer 5%, the management officer 38%, and the remaining two partners 28.5% of the annual dividends.
Upon the termination of the lease agreement on the instant restaurant as of December 31, 2008, I withdrawn from the partnership with the instant restaurant. On January 7, 2009, the Plaintiff purchased 20% of the I’s shares of KRW 33.3% between Defendant B and Defendant B as the purchase price of KRW 168,00,000, and the remainder of KRW 13.3% shares shall be accepted by the Plaintiff. Of the I’s dividend rate of KRW 28.5%, Defendant B and 10% shall be divided by the Plaintiff (hereinafter “instant partnership agreement”).
E. Meanwhile, G, a partner of the instant hotel and a restaurant, is K, without the consent of other partners.