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1. The Defendant: (a) KRW 30,648,700 for the Plaintiff and 5% per annum from February 13, 2014 to June 19, 2015.
Reasons
1. Facts of recognition;
A. The defendant has been engaged in the automobile maintenance business and the assistant handman business with the trade name "D" on a lease of a building located in Busan Dongdong-gu C.
B. Around August 27, 2013, the Plaintiff, the Defendant, and E entered into an oral agreement with the Plaintiff to add the sales business of automobile products to the category of business and to operate the car strawing business (including the automobile studing business) and the senior handman (hereinafter “instant enterprise”) as a partnership business (hereinafter “instant partnership agreement”). The equity of the partnership business is at the rate of 60%, 20%, 20%, and 20%, and the value of the said “D” already operated by the Defendant as KRW 90 million (including lease deposit and key money, etc.). Upon completion of the class work at the Plaintiff’s expense, the Plaintiff agreed to adjust each of the above value of the instant enterprise by setting up at the Plaintiff’s expense each of the above 90 million won, and the Defendant’s share amount corresponding to the ratio of the value of the business of the instant enterprise, which was finally determined, as investments.
C. After that, from around September 2, 2013, the Plaintiff started performing artificial insemination work at its own expense and completed the aforesaid artificial insemination work on or around the 23th day of the same month.
According to the appraisal result, the above expenses required for the interior work are KRW 22,775,00 (excluding value-added tax). The plaintiff, separately from the above KRW 22,775,00, paid KRW 5,596,200 in total to the enterprise for the purchase of goods necessary for the business of the enterprise of this case as follows.
F G H H I J J K K
E. The Plaintiff and the Defendant agreed to the Plaintiff, and the Defendant agreed to the Defendant, respectively, the proceeds from the credit card purchase, while the Plaintiff and the Defendant brought the proceeds therefrom according to the above agreement.
F. The Plaintiff and E present case to the Defendant around September 23, 2013.