양도대금 등
1. The Defendant’s KRW 25 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from January 19, 2016 to September 28, 2017, and the next day.
1. Basic facts
A. On March 2014, the Plaintiff agreed to receive the lease deposit and premium of KRW 40 million paid by the Defendant’s mother-friendly E and the Plaintiff to the lessor F and transfer the instant store to the Plaintiff for about 11 years on the lease of the first floor of the building in Suwon-gu Busan (hereinafter “instant store”).
B. Under the status of receiving KRW 17 million among the transfer proceeds of the instant store, the Plaintiff agreed to pay part of the instant store KRW 10 million to the deposit for the deposit for the deposit of KRW 10 million. On May 31, 2014, E representing the Defendant entered into a lease agreement with the lessor F and the instant store, setting the deposit for the deposit of KRW 50 million as the Plaintiff’s principal agent.
C. The Plaintiff received KRW 2 million from the transfer proceeds of the instant store on March 16, 2014, KRW 15 million on April 20, 2014, KRW 5 million on September 22, 2014, and KRW 10 million on January 26, 2015.
The appropriate premium for the store of this case in which the Plaintiff operated clothes is KRW 17 million.
[Reasons for Recognition] Uncontentious Facts, entry of Gap 1 and 4 evidence, purport of the whole pleadings
2. On the part of the party to the contract, the plaintiff asserts that the party to the contract of the transfer and acquisition of the store of this case is the defendant, the defendant only lent the name to the non-party E, who is the mother, and the plaintiff also thought and traded the party to contract as E
We examine who is the party to the contract of acquiring the store of this case.
First of all, the defendant recognizes the fact that the defendant permits E to enter into a contract of acquisition by transfer as his/her agent.
In addition, according to the overall purport of evidence Nos. 1 and 4 and evidence Nos. 6-4, the plaintiff and the actual operator of the restaurant in the store of this case shall conduct the business, such as the acquisition of the store of this case and the lease contract, etc., and the actual operator of the restaurant in the store of this case shall be the defendant's mother-friendly E, and the plaintiff shall directly do