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1. Defendant B’s KRW 100,000,000 as well as 5% per annum from November 20, 201 to May 13, 2014 to the Plaintiff.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. (i) On November 19, 2009, the Plaintiff made an agreement between Defendant B and Defendant B to invest KRW 400 million in the name of the operating expense of “E” located in Defendant B (hereinafter “E”) operated by Defendant B, and Defendant B made an agreement between Defendant B and Defendant B to pay the Plaintiff 40% of the profits of the Vitice Center (hereinafter “instant investment agreement”). Around that time, the Plaintiff transferred all the above KRW 400 million to the account in the name of Defendant B and Defendant C.
D. However, on March 3, 2010, Defendant B failed to pay the Plaintiff revenues properly. Accordingly, on November 19, 201, the Plaintiff and Defendant B set up a notarial deed of monetary loan for movable property transfer (hereinafter “notarial deed of this case”) in which the Plaintiff agreed to lend KRW 400 million to Defendant B as of November 19, 201, and Defendant B would provide the Plaintiff with sports organizations, etc. located in the relevant volatilen Center as security for transfer.
[Ground of recognition] Facts without dispute, entries in Gap 1 through 3 (including paper numbers), the purport of the whole pleadings
B. (1) According to the above facts, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the amount of KRW 100 million calculated by subtracting KRW 300,000,000,000 from the Plaintiff’s 400,000,000,000 based on the quasi-loan for consumption, which the Plaintiff shall be deducted according to the assumption of the obligation of the new World Construction Corporation, and for this, from November 20, 201, the following day after the maturity date until the date this judgment is rendered as requested by the Plaintiff, 5% per annum as stipulated in the Civil Act and 20% per annum as stipulated
The defendant B asserts that the new World Construction Corporation exempted 300 million won out of the borrowed debt of 400 million won, and that the remainder of 100 million won was exempted.
Before June 22, 2010, the Plaintiff’s corporeal movables against Defendant B.