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Reasons
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(영문) 울산지방법원 2020.01.09 2019가합14178
약정금
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1. The Defendants jointly and severally agreed to the Plaintiff KRW 250,352,730, and Defendant B with respect thereto from October 31, 2019, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. On August 12, 2016, the Plaintiff invested expenses incurred in opening a “D” restaurant, Defendant C made an investment agreement between the Plaintiff to pay 1/2 of the profits accrued from the operation of the said restaurant and return the total amount of the investment when the business is completed. From July 15, 2016 to September 1, 2016, the Plaintiff paid 221,956,450 won to Defendant C for opening the restaurant business.

B. On September 9, 2016, the Plaintiff invested expenses incurred in opening “E” restaurant between Defendant B, the husband of Defendant C, and Defendant B, the Plaintiff entered into an investment agreement with the Plaintiff to pay 1/2 of the profits accrued from the operation of the said restaurant, and return the full amount of the investment when the business is completed. Accordingly, from August 8, 2016 to September 9, 2016, the Plaintiff paid KRW 124,396,280 to Defendant B for opening the restaurant business.

C. On October 1, 2018, the Plaintiff lent KRW 30,000,00 to Defendant B, and Defendant C jointly and severally guaranteed the obligation to return the above loan.

On March 19, 2019, Defendant B agreed to pay to the Plaintiff total of KRW 346,352,730 ( KRW 221,956,450, KRW 124,396,280) and loans total of KRW 30,000,000, KRW 376,352,730, which the Plaintiff paid to the Defendants pursuant to the above investment agreement, and Defendant C jointly and severally guaranteed this.

At the time, the Defendants transferred to the Plaintiff KRW 70,00,000 and KRW 70,000 for the lease deposit of “F” operated by Defendant C, and accordingly, the Plaintiff was paid KRW 126,00,000 for the remainder of the lease deposit and the premium after deducting the rent from March 19, 2019 to April 1, 2019.

[Reasons for Recognition]

1. Defendant B: Evidence Nos. 1 through 3 (including branch numbers for those with branch numbers) and the purport of the whole pleadings;

2. Defendant C: The fact that there is no dispute;

2. According to the above facts of determination as to the cause of the claim, the defendants shall jointly and severally pay to the plaintiff the remaining agreed amount of KRW 250,352,730 ( KRW 376,352,730 - KRW 126,00,000).

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