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1. The Defendant’s KRW 26,070,770 as well as the Plaintiff’s annual rate from May 1, 2018 to May 30, 2018.
Reasons
1. Facts of recognition;
A. On October 1, 2015, the Plaintiff entered into a partnership agreement and rescinded 1) with the Defendant to jointly operate the Nam-gu Incheon Metropolitan Association D, Nam-gu, Seoul (hereinafter “instant partnership agreement”), and the said club is referred to as the “instant partnership agreement.”
(A) The contract for the same trade (Evidence A) was concluded, and the main contents of the above contract are as follows ("A" and "B" refer to the defendant, and "B" refers to the plaintiff:
(2) As from October 1, 2015, Article 1 and Article 1 “A” and “B” are engaged in a joint business as of October 1, 2015, and the name of the business is determined as “D” and the representative is determined as “A.” The share in Article 2 shall be 50% and 50%, and all profits and expenses shall be distributed according to the share ratio. In accordance with the share ratio under Article 2, “A” and “B” share the deposit for lease to the said workplace and shall additionally invest according to their respective share ratio if necessary for additional funds for the opening of the business. 2) The Plaintiff primarily engaged in membership management and counseling, and the business registration was made under the joint name of the Plaintiff and the Defendant, and the Defendant primarily engaged in the financial affairs and opened
3) Around April 8, 2016, the instant agreement was explicitly rescinded. B. At the time of rescission, the Plaintiff borrowed a total of KRW 15,000,000 from the lending enterprise on December 16, 2015, and paid KRW 12,000,000 from the lessor of the instant Dong enterprise as indicated below, and paid KRW 90,000 to the Defendant as the operating expenses of the instant Dong enterprise (a loan of KRW 15,00,000,000,000,000, out of KRW 15,000,000,000, was paid to the Defendant as the principal that was paid for the instant Dong enterprise (a loan of a credit business entity of KRW 12,90,00,00,000, as the principal that was paid for the instant Dong enterprise).
(B) The Plaintiff is either the Plaintiff or the Plaintiff, as indicated in the following table, to April 2016 through March 2018, 11,866,033 won (i.e., principal (=interest of KRW 3,00,000, KRW 866,033).