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1. The Defendant’s KRW 108,935,836 as well as 5% per annum from July 26, 2014 to January 9, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The parties concerned are widely known of “D” in Kim Jong-si, and “E” transferred to the Defendant all of the building materials and fixtures of “F” in his/her operation to the Defendant, and then died on October 26, 2013 while operating “G,” “H is a child of E, who registered his/her business with the trade name of “I” in the name of “I” in his/her operation with “I,” and the Plaintiff is a partner of E, and the Plaintiff is a person whose business name was transferred from H around January 27, 2014 after his/her death.
B. On May 1, 2001, E, under the name of J, completed F’s business registration on May 1, 2001, and thereafter, during the construction material leasing business with J, on October 9, 2006, E sold to the Defendant for KRW 81,248,000 in total, and on October 9, 2006, a sales contract was prepared to offset the Defendant’s loan claim amounting to KRW 104,00,000 against the loan claim amounting to KRW 104,000. (2) On October 9, 2006, the Defendant registered the G’s business for the purpose of the construction material leasing business.
Defendant and E drafted a written statement dated October 9, 2006 as of March 9, 2007, stating that “E actively cooperates with the Defendant’s G operation.”
3) Around June 30, 2012, the Defendant and E drafted a letter of agreement with the following contents, and E continued to operate G along with H. 1. The operation of G business is continued to leave D immediately after the gold day, and only with the Defendant’s consent if necessary for the business. 2. The operation of G business is continued, and the entire obligation related to G is acquired and repaid by E. 3. After the settlement of the debt related to G is completed, G’s business rights and ownership are transferred to E. 4. In the event that the full amount of purchase price for Kim (infin site), H is to be registered as joint ownership by E and the Defendant’s owner on October 8, 2012.