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1. The Defendant’s KRW 118,925,00 for the Plaintiff and KRW 5% per annum from December 1, 2014 to September 18, 2015.
Reasons
1. Basic facts
A. On January 2, 2014, the Plaintiff entered into a contract with the Defendant, who operates a franchise restaurant, such as “Samp New Town,” under which the Plaintiff invested each of the establishment cost of Samp New Store B stores (hereinafter “instant B stores”) and Samp new department store C stores (hereinafter “instant C stores”) in the Defendant as indicated in the following table, and shares the operating profit (including losses) at the ratio of Plaintiff 7 and Defendant 3.
hereinafter referred to as "the primary investment contract".
Items B of this case: KRW 122,500,000, KRW 80,077,000, KRW 74,000, and KRW 56,400,000, and equipment and office fixtures of KRW 56,400,000, and other KRW 17,500,000, in total, KRW 317,90,000,000, and KRW 227,97,00,000,00.
B. On January 2, 2014, the Plaintiff sent KRW 200,000,00 to the Defendant under the primary investment contract, and expressed the intent to withdraw the investment on the grounds that the profit and loss distribution under the said investment contract is unfair. Accordingly, the Plaintiff and the Defendant modified the cost of establishing the primary investment contract as follows; the profits are incurred by the Plaintiff until the cost of establishing the primary investment contract is recovered; the distribution of profits after the cost of establishing the establishment shall be made to the Plaintiff 6 and Defendant 4; the Defendant shall be liable for the damages incurred by the date of loss; the Defendant shall be liable for the damages incurred by the date of the loss; and the Defendant shall receive 3
hereinafter referred to as "second investment contract".
(B) Item B of this case: KRW 118,925,00, KRW 80,077,240, KRW 78,430,00, KRW 67,723,69,00, KRW 55,479,090, and KRW 6,047, KRW 188,00, KRW 325,092,378 (the aggregate of the amount by item is KRW 324,342,378, KRW 219,00, KRW 247,240, and KRW 67,77,00.
C. In accordance with the first and second investment contracts, the Plaintiff additionally remitted the Defendant KRW 344,169,618 (= KRW 325,092,378,219,377,240-20,000) of the instant store and C store’s remainder establishment cost between January 16, 2014 and February 28, 2014 (=325,092,378,240,200,000).
The defendant around January 13, 2014.