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1. The Defendant’s KRW 3,284,100 as well as 6% per annum from November 1, 2013 to October 23, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant operates a revolving brub (hereinafter “D”) with the trade name “D” in Gwangju-dong, Gwangju-gu, and the Plaintiff runs the food materials supply business with the trade name “E”.
B. From April 16, 2011, the Plaintiff: (a) supplied food materials, such as fishery products, to Defendant’s management D, in principle, by means of cash transaction; (b) supplied at least two to three days at the latest; and (c) the unpaid goods amount of D as of October 31, 2013 are KRW 3,284,100.
C. In addition, around March 19, 2013, the Plaintiff supplied food materials to G, which was newly opened to F at the Net City, and the amount of goods supplied to G from around that time to October 31, 2013 is KRW 46,132,470.
Meanwhile, the Plaintiff transferred to the Defendant the sum of KRW 30 million on February 15, 2013, KRW 50 million on February 25, 2013, and KRW 100 million on March 11, 2013 (hereinafter “the instant money”).
【Ground of recognition】 The fact that there is no dispute, Gap's 1 and 2 evidence, the purport of the whole pleadings and arguments
2. Judgment on the plaintiff's claim
A. According to the above recognition of the portion of the claim for the price of goods related to D, the defendant is obligated to pay the amount of KRW 3,284,100 to the plaintiff.
B. (1) The Plaintiff asserts that the Defendant is obligated to pay KRW 100,132,470 to the Plaintiff the above loan and the price of goods, on the ground that: (a) the Plaintiff, upon receipt of a request from the Defendant to request that funds be needed to expand the business of revolving bed rice; and (b) the Plaintiff supplied food materials such as fishery products, etc. to G operated by the Defendant, supplied KRW 46,132,470.
In this regard, the defendant jointly operated the plaintiff and G, and entered into a partnership agreement with the purport that the plaintiff provides funds and food materials, takes responsibility for the management and operation of the defendant, and divide half of the profits therefrom. The fishery products to be used in G by receiving the instant money from the plaintiff as the investment money under the above partnership agreement.