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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from November 5, 2016 to the date of complete payment.
Reasons
1. Factual basis
A. The Defendant constructed a building on the ground B in Busan Northern-gu, and operated a restaurant (hereinafter “instant restaurant”) under 207 in collaboration with Lloin Housing Construction Co., Ltd. (hereinafter “Lloin Housing”).
On August 2014, the defendant established the plaintiff as representative director and had the plaintiff operate the restaurant.
B. On May 17, 2016, in order to sell the instant restaurant to a third party and order a building to be ordered, the Defendant and Lins Housing Construction agreed with the Plaintiff on May 17, 2016 (hereinafter “instant agreement”).
- As a result of the transfer of restaurant ownership, the Defendant and the Housing Construction should offset the Plaintiff by set off the following amounts to KRW 25,000,000 on the condition that the Plaintiff orders the restaurant by May 22, 2016:
① The unpaid amount of KRW 24,175,000 shall be processed by July 15, 2016, and the Plaintiff’s credit guarantee foundation’s name shall be changed to July 15, 2016 until July 15, 2016, and KRW 10,000 shall be paid immediately for KRW 25,00,000,000, including labor cost of KRW 7,500,000,000,000,000, which is paid by the Plaintiff, and the remainder shall be paid by July 15, 2016, including labor cost of KRW 7,50,000,000,000, which is paid by the Plaintiff.
C. The Defendant paid KRW 10,000,000 to the Plaintiff in accordance with the instant agreement.
[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, the purport of the whole pleadings
2. The judgment on the Plaintiff’s cause of claim recognizes that KRW 15,000,000, which was to be paid pursuant to the agreement of the instant case, and KRW 15,000,000, which was not transferred to the Defendant, and KRW 15,000,00, which was not transferred to the Credit Guarantee Foundation, are the part that the Defendant is liable for.
Therefore, the defendant is clear that it is the next day of service of a copy of the complaint of this case on the plaintiff's total amount of 30,000,000 won and the total amount of the above accounts and loans.