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1. The Defendant shall pay to the Plaintiff KRW 42,365,478 and the interest rate of KRW 15% per annum from December 27, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a current or former professor of art college, and the Defendant’s children are engaged in the art education industry.
B. Around February 2011, with the knowledge that the Plaintiff was aware of the means of the Plaintiff’s livelihood after his retirement, proposed that “Around February 2011, the Plaintiff would have acquired 50% of the F’s shares in the D Art Research Institutes Co., Ltd. (Eart Art Research Institutes) at KRW 120 million, and that “Around the same amount, the Plaintiff would have transferred the shares acquired at the same time, and the name of the representative director of the private teaching institute would also have changed in KRW 120 million.”
However, even if C actually receives the above money, it was not thought that C did not deliver or transfer the money to F.
On February 14, 2011, the Plaintiff paid C a total of KRW 20 million on February 14, 201, KRW 10 million on February 24, 201, KRW 20 million on March 9, 2011, and KRW 82 million on March 15, 201.
C. The Plaintiff followed C’s non-transfer of shares as scheduled, and C used the money received from the Plaintiff to repay the Defendant’s debt instead of acquiring shares.
Since June 2011, the plaintiff contacted with the defendant several times, and the defendant recognized the above fact on August 1, 201 with the plaintiff on August 1, 201, and entered and signed the document "I will not confirm and take responsibility with the plaintiff's money. I will write down a certain date after 2-3 days."
The Plaintiff did not provide repayment or security after the date promised by the Defendant, etc., and proceeded with criminal complaints and civil lawsuits against C, and partial repayment was made in the process, and the present obligation (compensation) owed by C to the Plaintiff is KRW 42,365,478 and interest thereon.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 19, the purport of the whole pleadings
2. The parties' arguments and the judgment of this court
A. At present, the Plaintiff promised to confirm and assume responsibility for C’s debt to the Plaintiff.