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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 20% per annum from February 28, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On September 17, 2010, the Plaintiff paid to the Defendant KRW 7 million under the name of investment in a closed vinyl business and KRW 30 million under the name of an office lease deposit, etc. on October 12, 2010, and the Defendant was prosecuted on December 12, 2012 on the fact that he/she acquired the above KRW 37 million from the Plaintiff.
B. On the other hand, around December 27, 2010, the Plaintiff introduced the key lighting project promoted by C from the Defendant at the time, and paid KRW 20 million to C as the business fund for the key lighting project, and C agreed to pay the Plaintiff the interest at the rate of 10% per month on the said money.
C. As the Plaintiff was unable to receive the above KRW 37 million from the Defendant, on April 16, 201, the Plaintiff acquired KRW 30 million out of the Defendant’s and the Defendant’s debt to the Plaintiff, and determined KRW 20 million as a total amount of debt and interest KRW 20 million against the Plaintiff, including the Plaintiff’s debt and interest KRW 20 million, which was paid by C from the Plaintiff as the title of the key lighting business, and subsequently, if the key lighting business license was granted, 1/2 of its profit shall be paid to the Plaintiff, but if the key lighting business license was granted, 1/2 of its profit shall be paid to the Plaintiff, and if the key lighting business license was not granted, the Defendant guaranteed the Plaintiff’s debt under the instant agreement against the Plaintiff, and the Defendant did not obtain the aforementioned license until then (hereinafter “instant agreement”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 7 and 8, the purport of the whole pleadings
2. According to the above facts of recognition, the interpretation of the instant agreement ought to be deemed to have agreed to obtain permission for key operation until February 29, 2012. Thus, unless C does not obtain permission for key operation until the time of commencement, C bears the obligation to pay KRW 70 million to the Plaintiff, and the Defendant also has the obligation to pay KRW 70 million to the Plaintiff as a guarantor for the above obligation.
The defendant is the plaintiff.