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1. All appeals filed by Plaintiff A and Plaintiff (Counterclaim Defendant) B are dismissed.
2. Between the Plaintiff A and the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. The plaintiffs are married couple.
B. Plaintiff B signed five serial lines as follows (hereinafter referred to as “each number system of this case”) and paid the Defendant an amount of fraternity to the Defendant, and paid an amount of fraternity to the Defendant during the sequence of entry by the Defendant, 120,000 won per unit of the total number of old units of accounts (wons) from April 5, 2011 to May 5, 2013, 201, KRW 1.2 million from July 30, 201 to August 30, 201, KRW 1.2 million from August 30, 201 to August 26, 2013, 200 KRW 3.2 million from February 7, 2012 to March 7, 2014 to KRW 1.26 million from May 15, 2015 to June 30, 2015.
C. In addition, from July 9, 2009 to December 2012, the Defendant loaned the Plaintiff’s total of KRW 45 million (hereinafter “instant loan”) to the Plaintiff B, and from December 2012, the Defendant either received the Plaintiff’s interest of KRW 5 to 6% per month from the Plaintiff B, or deducted the Defendant from part of the fraternity money that the Defendant shall pay to the Plaintiff B.
① The Plaintiffs issued a promissory note with a maturity of August 6, 2012, with a face value of KRW 64,80,000,000, and one promissory note with a maturity of August 6, 2012 (hereinafter “instant Promissory Notes”). On August 7, 2012, with respect to the said Promissory Notes, the Plaintiffs: (a) signed a notarial deed with a law firm’s movable property No. 510; (b) issued a copy of the Promissory Notes with a maturity of May 22, 2013; (c) issued a notarial deed with a maturity of May 23, 2013, with respect to the said Promissory Notes with a maturity of May 23, 2013.
E. From around November 2013 to around December 2013, Plaintiff B prepared a letter of agreement and a letter of performance (hereinafter “instant letter”) stating the following contents with the Defendant, among multiple monetary transactions with regard to the Defendant’s respective serial lines of this case and the instant loans, etc. from around 2009 to around December 201, Plaintiff B prepared to the Defendant:
① Plaintiff B shall operate the Defendant since 2011.