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1. The Defendants are jointly and severally liable to the Plaintiff for 44,836,166 won and 5% per annum from February 14, 2015 to August 25, 2017.
Reasons
1. Basic facts
A. On May 3, 2011, Defendant B purchased a store of 303 operation of D shop in Nam-gu Incheon Metropolitan City (hereinafter “instant store”) of KRW 185 million, and completed the registration of ownership transfer on June 2, 201. On the same day, Defendant B borrowed KRW 100 million from Incheon Fisheries Cooperatives as collateral.
B. On July 7, 2011, the Plaintiff and the Defendants entered into a franchise agreement with Defendant B, a representative director, and jointly operate the “F” franchise store that manages two hair hairs, etc. at the instant store and share the profits therefrom (hereinafter “instant franchise agreement”).
C. In the instant trade agreement, the Plaintiff and the Defendants calculated a total amount of KRW 325 million, and among them, KRW 100 million was loaned from the Suhyup Bank in the name of Defendant B, and the remainder of KRW 225 million was invested by the Plaintiff and the Defendants in each amount of KRW 75 million corresponding to each of the shares of KRW 1/3, and agreed to settle the last day of each month and distribute operating profits at each of the shares of KRW 1/3.
At the time, the Plaintiff and the Defendants agreed that the instant store in the name of Defendant B was jointly owned as a common asset, and that the instant store was jointly liable for KRW 100 million loaned by Defendant B as a security.
The Plaintiff invested KRW 75 million in accordance with the instant trade agreement.
Defendant B registered himself as a franchisee of “F”, purchased internal interior interior interior interior interior and other facilities, and commenced business around September 201.
E. After the commencement of the business, Defendant B opened a deposit account in his own name and handled the general affairs of the franchise store including the management of funds as a representative of the partnership relationship. During the partnership period, Defendant B failed to deliver the Plaintiff with proper business matters, such as revenue and expenditure, thereby undermining mutual trust.
F. On January 16, 2015, the Plaintiff is a content-certified mail to the Defendants.