Defendant (Appointed Party) B (hereinafter “Defendant”) operated a business transfer agreement in the name of the Plaintiff, which is a dub student of G, under the name of the Plaintiff, a dub student of G, even though the Defendant intended to transfer the right to operate the dub club to F, G, and H on the ground of three lots outside Daegu-gu, Daegu-gu, and F, G, and H. However, due to bad credit standing.

Accordingly, on February 10, 2012, the Defendant transferred the right to operate the nart club to the Plaintiff at KRW 380 million. The down payment is KRW 92 million, excluding the Defendant’s liquor payment obligation, on the date of the contract, and the intermediate payment is KRW 100 million on March 10, 2012, and the remainder is paid on March 24, 2012 (hereinafter “the first business transfer contract”). Accordingly, the Defendant received KRW 30 million down payment from F on the date of the contract.

After March 10, 2012, the Plaintiff entered into a lease agreement with I as to a store in the above age club with the amount of KRW 20 million, KRW 20 million, KRW 20 million, and KRW 20 million, and the term of lease from April 20, 2012 to April 20, 2013. Upon request from G to pay KRW 35 million, which is a part of the intermediate payment under the first business transfer agreement, the Plaintiff required I to pay to the Defendant. On March 10, 2012, the Plaintiff sent KRW 35 million, out of the total deposit amount of the above lease agreement, to the account of the Appointed C (hereinafter referred to as the “Appointed”) designated by the Defendant.

However, the Defendant, on March 13, 2012, did not pay the remainder of the intermediate payment under the first business transfer contract, concluded a new business transfer contract (hereinafter “the second business transfer contract”) with the effect of the payment of the down payment and the part payment already paid in the first business transfer contract and the effect of the first business transfer contract.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul No. 1, 2, and .