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1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from November 15, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On July 24, 2015, the Defendant entered into a partnership agreement with Non-Party C (hereinafter “C”) to jointly operate a marina shop (hereinafter “E”) with the trade name “E” in Bupyeong-gu Seoul Special Metropolitan City D 401 (hereinafter “instant commercial building”), and paid KRW 150,000,000 to F, the owner of the said commercial building, in accordance with the said partnership agreement, and the lessee of the said commercial building. The Plaintiff was a person who entered into a marriage report with the Non-Party C on August 2, 2011 and agreed on February 5, 2014 while living as a married couple.
B. The Plaintiff transferred KRW 30,000,000 to the Defendant’s national bank account using the Plaintiff’s account in the name of Nonparty G, the Plaintiff, respectively, on December 14, 2015, and KRW 8,800,000 on December 15, 2015.
C. On December 14, 2015, the Defendant, C, and Nonparty H prepared a loan certificate stating that “the borrower, the borrower and the guarantor H and C, and the above three persons shall pay interest and principal on KRW 40,000,000 to the Plaintiff (G’s account)” (hereinafter “the instant loan certificate”).
On the other hand, the Defendant, as a witness, made a written agreement between F and F that the Plaintiff shall return the deposit at the time of returning the deposit due to the expiration of the lease period or other matters of the commercial building of this case, and that, if the Defendant or the Plaintiff refuses to receive the deposit at the time of returning the deposit or fails to attend the meeting, all civil and criminal responsibilities arising from the failure to attend the meeting shall be borne by the Defendant (hereinafter “instant agreement”).
Around January 31, 2016, the Defendant and C agreed to adjust the portion of KRW 50,000,000 against the Plaintiff’s KRW 40,000 (cost of installation - interior) by selling and selling the instant volume of KRW 50,000,000 after being adjusted into KRW 40,000, and shall pay KRW 170,000 each day from the profits of KRW 50,000 at the time when no subsequent sale is made.