A. The Plaintiff worked at the franchise headquarters of the trade name “C” as the head office, and on June 2012, the Defendant acquired D’s “D” (hereinafter “instant store”) located at the headquarters, which was operated directly by the head office, in the amount of KRW 110 million, and operated the instant store from July 2012.

B. On December 11, 2012, the Plaintiff paid KRW 8.5 million to the Defendant by issuing 100,000 won cashier’s checks to the Defendant. On January 28, 2013, the Plaintiff paid KRW 20 million to the Defendant by depositing from the account of E (the Plaintiff’s mother) to the Defendant’s account.

C. On January 17, 2013, the Plaintiff paid KRW 60 million to the Defendant as the sales price for the instant store.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 3, purport of the whole pleadings

2. As to the 28.5 million won that the Plaintiff paid to the Defendant as described in paragraph 1-b above, the parties asserts as follows:

Plaintiff’s assertion

The Plaintiff leased KRW 8.5 million to the Defendant on December 11, 2012, setting the due date after one month, and setting the due date for repayment on January 28, 2013, and lent KRW 20 million to the Plaintiff after five months after the due date for repayment on January 28, 2013. As such, the Defendant is obligated to pay KRW 28.5 million to the Plaintiff as well.

B. As the Plaintiff asserted in the instant store, the Plaintiff would sell the instant store to the Defendant in the amount of KRW 120 million and pay the sales price to the Defendant.

The 28.5 million won paid by the Plaintiff is part of the sales price of the store of this case together with the 60 million won set forth in Paragraph (c) above 1-C.

3. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 4, 5 and 8, witness F, and G testimony, the defendant lost a check of KRW 10 million to the plaintiff on December 11, 2012, and it is difficult for the defendant's wife to become aware of this fact, and the remaining KRW 8,500,000,000,000,000,000 won, excluding the amount of KRW 1,50,000,000,000,000.