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1. The Defendant’s KRW 7 million to the Plaintiff and the Plaintiff’s 5% per annum from October 7, 2016 to January 23, 2018.
Reasons
1. The gist of the Plaintiff’s assertion was that the Plaintiff, on April 8, 2009, operated the restaurant with the name of “E” from May 2009 to the building (hereinafter “instant real estate”) purchased in the name of the Plaintiff Chokdong-gu in Gwangju-gu, Gwangju-dong, Gwangju-gu, and from May 2009 to the name of “E”. From March 2014, the Plaintiff had the Defendant work together with the Defendant. Upon purchasing the instant real estate on March 20, 2015, the Plaintiff paid on behalf of the Defendant KRW 5 million, such as acquisition tax and transfer cost of the instant real estate.
In addition, the Plaintiff, as the owner of the instant real estate, paid KRW 20 million as the lease deposit to the Defendant, and operated the restaurant. On September 30, 2016, the Defendant sold the instant real estate to F (the sale price of KRW 110 million for business and facilities premium of KRW 75 million for KRW 10 million for KRW 10 million for KRW 15 million for KRW 75 million for KRW 10,000 for KRW 10,000 for KRW 10,000 for KRW 10,000 for KRW 7, 2016 for the date of transfer of registration), and agreed to pay KRW 5,00 for KRW 30,00 for the Plaintiff to pay KRW 30,00 for the settlement of the premium, fixtures, and deposit for lease to the restaurant.
Therefore, the Plaintiff seeks payment of KRW 5 million and unpaid settlement amount of KRW 22 million, etc. to the Defendant.
2. We examine the judgment, and there is no evidence to prove that the plaintiff paid on behalf of the defendant 5 million won, such as the acquisition tax of the real estate of this case and the transfer cost of registration for the defendant.
In addition, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff and the Defendant agreed to pay KRW 50 million to the Plaintiff out of KRW 185 million of the real estate purchase price of this case to the Plaintiff with the settlement amount of premium, fixtures, lease deposit, etc., and there is no other evidence to acknowledge it. However, it is recognized that the Defendant agreed to pay KRW 40 million to the Plaintiff out of the purchase price of this case, and that the Plaintiff was paid KRW 33 million from the Defendant, under special circumstances.