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1. Defendant C Co., Ltd.: (a) KRW 36,335,705 on the Plaintiff and 6% per annum from January 17, 2018 to October 17, 2018.
Reasons
1. Basic facts
A. On September 2017, the Plaintiff entered into a partnership agreement with Defendant C (hereinafter only referred to as the “Defendant C”) with a representative director to jointly operate restaurants, etc. on the first, second, and second, the underground floor of the Seocho-gu Seoul Metropolitan Government D Building (hereinafter “instant store”). The Plaintiff agreed to contribute KRW 60,000,000 in cash. The Defendant Company entered into a partnership agreement with the Defendant Company to contribute KRW 60,000,000 in cash investment and labor investment and purchase cost for the main house (hereinafter “instant partnership agreement”).
[Plaintiff asserted to the effect that the other party to the partnership agreement is Defendant B, the representative director of the Defendant Company, not the Defendant Company, but the Defendant Company. However, in full view of the following circumstances acknowledged by the evidence, i.e., the lease of the instant store from Nonparty E to operate the restaurant, etc. at the instant store, and preparation for the opening of the business in the course of making a test, etc., it is reasonable to see that the other party to the partnership agreement is not Defendant B but Defendant Company.
After that, the Plaintiff invested KRW 60,000,000 in cash, and the Defendant Company leased the instant store from Nonparty E with the said money, at around October 23, 2017, KRW 60,000 monthly rent of KRW 60,750,000, and the lease period of KRW 30,000 from November 30, 2017 (hereinafter “instant lease agreement”).
On the other hand, on November 1, 2017, Defendant Company paid KRW 5,000,000 as real estate brokerage commission to a licensed real estate agent for the instant lease agreement, and on November 14, 2017, Defendant Company paid KRW 10 million to the Plaintiff for the purchase of housing at home.
(On the other hand, the Plaintiff owned the foregoing money as it is). Meanwhile, the Defendant Company paid KRW 8,828,590 from November 11, 2017 to November 27, 2017 in relation to the interior of the instant store.
C. The plaintiff and the defendant