대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff leased 302,00,000,000 won for lease deposit and 200,000,000 won for monthly rent from E, and operated a karaoke bar (hereinafter “instant karaoke bar”); the Plaintiff’s husband C leased 303 of the said D building from E to KRW 30,000,000 for lease deposit and KRW 30,000,000 for monthly rent, and operated a singing practice room (hereinafter “instant singing practice room”).
B. On June 25, 2011, the Plaintiff and C agreed to transfer all of the instant danran and singing practice room businesses to the Defendant for a premium of KRW 250 million, but the contract deposit of KRW 30 million was paid up to August 15, 201, and KRW 50 million until December 31, 2011 at the time of the contract.
(hereinafter referred to as "the transfer of rights of this case". (c)
From August 201, the Defendant began to operate the instant singran and singing practice room from around 201. Around March 31, 2012, the Defendant entered into a lease agreement with the lessor E on the instant singran and singing practice room. Around May 2012, the Defendant completed business registration on the instant singran and singing practice room in the name of the Defendant.
【Ground of recognition】 Facts that there is no dispute between the parties concerned, Gap 47 through 49, Eul 1 through 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff asserted that, until December 31, 201, the Plaintiff did not pay KRW 70 million out of KRW 310 million in total of KRW 250 million and KRW 60 million in lease deposit for E under the instant right transfer contract to the Plaintiff and C until December 31, 201, and the Defendant paid the remainder of the premium to the Plaintiff from January 1, 2012 until the Defendant paid the remainder of the premium and changed the name of the business owner, the sales amount of the instant dysium belongs to the Plaintiff. The Defendant’s loan to the Plaintiff will be repaid later.