A. On November 7, 2013, the Plaintiff entered into a contract with the Defendant to transfer all rights to the store “D” on the first floor of Gangnam-gu Seoul Metropolitan Government C building (hereinafter “instant store”) at KRW 65 million (hereinafter “instant transfer contract”).

B. On November 7, 2013, the Defendant paid KRW 45 million to the Plaintiff.

C. On November 7, 2013, the Plaintiff paid KRW 45 million to E, who is the Defendant’s partner, and E paid KRW 15 million to the Plaintiff on November 8, 2013.

On November 8, 2013, the Defendant paid KRW 16.5 million to the Plaintiff, while paying KRW 15 million to E, the Defendant paid KRW 5 million to the Plaintiff. However, E paid only KRW 1.5 million out of KRW 5 million to the Plaintiff.

(E) Partial testimony of E to the effect that E pays KRW 5 million to the Plaintiff is without objective evidence to support it, and that Defendant, E, etc. have consulted with the Plaintiff about the payment of KRW 33.5 million as seen below, shall not be trusted.

On December 11, 2013, the Plaintiff asserted that the Defendant was not paid KRW 3.5 million out of the purchase price under the instant transfer contract, and that E was returned, and that the Plaintiff would cooperate with the Defendant in filing a report on discontinuance of business to pay KRW 3.5 million between E and the remaining purchase price, KRW 3.5 million, and KRW 33.5 million in total.

F. As to the payment of KRW 33.5 million on December 17, 2013, the Plaintiff, the Defendant, and the Plaintiff’s birth-friendly G, E, and E, etc., agreed on the payment of KRW 3.5 million. The Plaintiff reported the closure of business on December 18, 2013.

[Reasons for Recognition: Facts without dispute, Gap evidence 1 through Gap evidence 3, Gap evidence 4-1 through 4, Gap evidence 9, Eul evidence 1 to 3, purport of whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion E revoked the instant transfer contract as the Defendant and its partner’s position and received a refund of KRW 45 million on the following day.