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1. The Defendant: 5% per annum from June 18, 2017 to May 23, 2019 to Plaintiff (Counterclaim Defendant) 17,928 won and its related amount.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 2015, the Plaintiffs agreed to divide the net profit by 1/3 by operating repair and management business, such as yachts, yachts, trade, yachts, and yachts, in collaboration with the Defendant, and completed business registration with the name of the Defendant as “D” on October 14, 2015. On July 2, 2016, the Plaintiffs leased the land of Kimpo-si in the name of the Defendant for a lease deposit of KRW 10,000,000.
(hereinafter “instant partnership business”). (b)
In the process of the instant club business, conflicts arise between the Plaintiffs and the Defendant due to conflict of opinion on vessel purchase, and the Defendant’s embezzlement suspicion, etc., the Plaintiffs sent the draft agreement on the termination of the instant club business agreement to the Defendant on February 27, 2017. On March 2017, the Defendant sent the draft new agreement to the Plaintiffs on the premise of termination of the instant club business agreement, and sent the content-certified mail demanding the return of the property embezzled to the Plaintiff A on April 27, 2017, and filed the said Plaintiff criminal complaint as an occupational embezzlement.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 3, and 4, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The summary of the claim amount of KRW 10,00,000 on the site of non-high-end business site deposit amounting to KRW 10,000,00 (Poter F) 115hp 10,000,000 cash deposit amounting to KRW 35,500,000 in cash (corporate bank account) 2,108,237 Defendant’s cash deposit amounting to KRW 5,500,000 ($ 5,000) in total ($ 5,100,500 ($ 5,000), 74,108,237 and 233,128,989 [affirmative property 74,108,237 - KRW 50,979,248 (Plaintiff’s vessel deposit amount) 】 Defendant’s remaining property amounting to KRW 23,128,239,239,978 (Plaintiff’s vessel deposit amount) 209,26396,28636,486,2696,786,486,2,29686,2,2486, etc.