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1. Defendant C’s KRW 12,949,749 as well as its annual 6% from November 1, 2017 to February 21, 2018, and the following.
Reasons
1. Basic facts
A. Defendant C has been operating a restaurant (hereinafter “instant restaurant”) with the trade name of “F” after completing business registration in the name of Defendant B, an infant, at the ground store E (hereinafter “instant store”).
B. After introducing Defendant C from H, G entered into a provisional contract with Defendant C to have the instant restaurant transferred, and on September 26, 2016, the owner of the instant store entered into a lease agreement on the instant store.
C. On October 8, 2016, Defendant C and the Plaintiff’s husbandJ entered into a transfer contract with the following content in the presence of H, etc. (hereinafter “instant transfer contract”). Around October 8, 2016, Defendant C and the Plaintiff’s husband entered into the transfer of business.
(hereinafter “The instant transfer contract”). Defendant C and J indicated the “Buyer” column of the instant transfer contract in G’s name.
The address of the store on the premium in the certificate of transfer of the store right: 30,000,000 won was determined as facility costs and premium on the condition that the above rights of the store are transferred.
The payment method of KRW 30,00,000,000 on October 8, 2016, is to receive KRW 10,000,000 on December 30, 2016, in total, KRW 30,000,000 on the date of the takeover of the store of KRW 10,000 on October 30, 2016: He/she has received KRW 10,00,000 as part of the rights and facility expenses.
Buyer KH Ha on October 8, 2016, the above receipt received C (U.S. agent B)
D. The Plaintiff paid the Defendant B a down payment of KRW 10,00,000,000 on the date of preparation of the instant deed of assignment, and paid KRW 10,000,000 to Defendant B on November 9, 2016, respectively.
E. On November 2016, the Plaintiff concluded a lease agreement with a policeman I to lease the instant store.
(hereinafter “instant lease agreement”). The Plaintiff completed its business registration with the trade name “F” on November 1, 2016, and thereafter, from November 9, 2016.