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1. The defendant shall pay 8,649,990 won to the plaintiff and 5% per annum from July 25, 2019 to July 7, 2020 and the next day.
Reasons
1. Basic facts
A. From around November 2010, the Plaintiff leased a building on the left-hand assembly type D (hereinafter “instant store”) located in Mapo-gu from Nonparty C to operate the instant store with the trade name E, and renewed the instant lease contract, around November 2017, around the time when the lease contract is terminated.
B. On November 23, 2017, the Plaintiff and the Defendant decided to change the trade name of the instant store to F and change the lessee’s name to F. On November 23, 2017, the Defendant concluded a lease agreement with C and the lease deposit amount to KRW 15 million, which was previously paid by the Plaintiff, with the monthly rent of KRW 1.4 million, and the lease period of KRW 24 months. On November 30, 2017, the Defendant paid KRW 11 million to the Plaintiff at the interior cost for the said business.
C. On December 6, 2017, the Plaintiff and the Defendant drafted a partnership agreement with the following content:
(A) The term “A” is the Plaintiff, “B,” and “A,” the Defendant; hereinafter referred to as the “instant trade agreement”).
D. Since then, the Plaintiff purchased necessary goods in managing funds using the new bank account in the name of the Defendant and managed the store. The Defendant allocated a role as the main agent. However, since March 2018, when sales have decreased and the enemy accumulated and the rent payment was delayed, the Defendant wishes to re-transfer the name of the lease contract to the Plaintiff and withdraw from the partnership business around January 2019. The Plaintiff, upon the Defendant’s permission from the lessor, was able to change the name of the lessee to the Plaintiff, but C did not allow the replacement of the name of the lessee to the Plaintiff.
E. On January 17, 2019, the Defendant agreed to enter into a lease agreement with C on January 17, 2019, and agreed to restore the facilities of the instant store to its original state after removing them as of January 31, 2019, and written a written waiver of such contents to C.
F. The Defendant, January 22, 2019, shall be the Plaintiff.