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1. The Defendant’s KRW 46,647,540 and KRW 28,591,810 among the Plaintiff’s KRW 5% per annum from November 2, 2019 to February 5, 2020.
Reasons
1. Basic facts
A. On November 2014, the Plaintiff and the Defendant-related Plaintiff came to know of the Defendant with the introduction of the branch C around November 2014.
B. At that time, the Defendant operated a liquid store in the name of “E” in the real estate listed in the attached list [Attachment 1, 2, 3, 4 and 30.06 square meters inboard (A) portion connected each point of 1, 2, 3, 4 and 1; hereinafter “D”) among the real estate listed in the attached list [Attachment 1, 2, 3, 4 and 1].
(2) From March 2015, the Plaintiff: (a) changed the name of D branch of D branch of D branch of D branch of D branch of D branch of D branch of D branch of D branch of D branch of D branch of Korea around that time; (b) on July 26, 2018, the Plaintiff entered into a contract to renew the store lease agreement with F branch of F branch of F branch of F branch of D branch of D branch of Korea (the contract term from September 1, 2018 to August 31, 2020, and the fourth year (from September 1, 2018 to August 31, 2019), and (c) continued to operate in four installments.
C. On March 6, 2015, the Plaintiff loaned KRW 20 million to the Defendant with a loan from the G Bank, and on April 6, 2015, the Plaintiff borrowed KRW 30 million from H Bank. On October 30, 2015, the Plaintiff borrowed KRW 20 million from I to 25 million, and the Plaintiff borrowed KRW 10 million from J Union on April 5, 2017.
(hereinafter referred to as “instant loan”) d in total.
(1) On December 2017, the Plaintiff started to operate the store rent of 3 million won (2.9 million won) in Gangdong-gu Seoul Special Metropolitan City K, which was leased by the Defendant from around December 2, 2017, and the terms and conditions of its operation are as follows: (a) the store rent of 3,00,000 won (2,90,000 won); (b) the company’s dividends to its partners M; and (c) the company’s dividends of 1,000,000 won (the Plaintiff claims that the purchase price of the facility is the installment payment; and the Defendant claims that the purchase price of the facility is the installment payment); and (d) the operating profit was appropriated for the payment of the above H bank loans and G bank loans, or was possessed by the Plaintiff.
(2) However, the Plaintiff was against September 5, 2018.