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1. The Defendant’s KRW 106,312,361 as well as 5% per annum from February 25, 2017 to January 12, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The parties’ relationship 1) The Defendant is a company with the objective of alcoholic beverage sales business. The Plaintiff acquired 24,000,000 won in shares of limited partners C on November 12, 2013 and joined the Defendant as a general partner. ② On January 22, 2014, the Plaintiff acquired 26,000,000 won in shares of general partner D, ③ on January 20, 2015, transferred 1,550,000 won in shares to E, and ④ invested 60,000,000 won on June 14, 2016 (hereinafter collectively collectively referred to as “instant shares”).
(2) The Plaintiff was registered as the Defendant’s representative member from November 12, 2013 to November 11, 2015, and from June 14, 2016 to December 9, 2016. 2) F is the Defendant’s actual manager and the Defendant’s representative and the general partner from January 6, 2017 to September 28, 2017.
B. On February 6, 2015, the Plaintiff (i) purchased apartment and set up a right to collateral security (hereinafter “instant apartment”) residing in the Plaintiff, and (ii) from the I on February 6, 2015, J apartment 103 Dong 1505 (hereinafter “instant apartment”).
(2) On February 5, 2015, the Defendant respectively transferred KRW 5,000,00,000 to the Plaintiff on March 19, 2015 (a contract deposit of KRW 35,000,000) (a contract deposit of KRW 310,000,000).
The F withdrawn KRW 30,00,000 from his own account on February 6, 2015 and paid to I by the seller. On March 19, 2015, the F withdrawn KRW 24,000 from his own account and paid to the Plaintiff.
3. The Plaintiff completed the registration of ownership transfer for the instant apartment on March 19, 2015.
After the registration of ownership transfer, on December 23, 2015, the apartment of this case: ① the debtor, the maximum debt amount is KRW 60,000,000,000, the registration of the establishment of a mortgage over the Busan Bank, which is the mortgagee of the right to collateral security, ② the debtor, the defendant, the maximum debt amount is KRW 240,000,000, and the mortgagee of the right to collateral security.