beta
Text
1. Defendant C’s KRW 82,493,372 as well as 5% per annum from March 18, 2015 to April 30, 2015.
Reasons
1. Facts of recognition;
A. From around 2008, Defendant C, his wife, operated a restaurant with the trade name of “G” from around 1008 to 103 of the first floor of the instant building. From around 2011, Defendant C changed the trade name of the said restaurant from the same place to “H” and operated a chain restaurant, and registered the said restaurant in the name of Defendant B.
At least after July 201, Defendant C used the account (Account Number: I; hereinafter “instant store account”) of Defendant B, a business operator, in the transaction related to the said “H” business, and around that time, the lease deposit amount of the instant building 103 was KRW 20,000,000 and the rent was KRW 750,000 (value-added tax separately).
B. In 2011, the Plaintiff visited “H” as a customer and became aware of the Defendant C.
Since then, the Plaintiff and Defendant C were living together from March 2012 to June 2013.
C. From March 2012, Defendant C agreed with J to close the restaurant operated by the said Defendant in No. 103 of the instant building, and to operate the restaurant in the same partnership with J and 1/2 shares of each of the instant buildings with the area of No. 103 larger than the above No. 102, but to use Defendant B’s business registration as to the existing “H”.
(hereinafter the above restaurant is referred to as “instant store”). D.
In accordance with such agreement, Defendant C entered into a lease agreement with the lessor F during the period from April 10, 2012 to April 9, 2014, under which the name of the lessee was the name of the lessee as to subparagraph 102 of the instant building. The lease deposit was KRW 70,00,000 for lease deposit, KRW 1,700 for rent (excluding value-added tax) for rent, and the lease period was from April 10, 2012 to April 9, 2014.
Pursuant to the agreement between Defendant C and J, 35,000,000 out of the above lease deposit was paid by J.
Defendant C’s 35,00,000 won out of the lease deposit to be paid to Defendant C, 20,000,000 won, the instant building 103 which Defendant C had previously owned against F.