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1. The Defendant’s KRW 80,000,000 and the Plaintiff’s annual rate of 5% from March 7, 2017 to August 24, 2018.
Reasons
1. The facts following the facts do not conflict between the parties, or are acknowledged based on Gap evidence No. 3 (the defendant does not accept the above defense as there is no evidence to prove that there was a change in the part stated in the "China gold (Contract Deposit), Gap evidence No. 4-1, Gap evidence No. 7-1, No. 7-1, No. 7-1, No. 1, and No. 2, the whole purport of the pleadings.
A. The Defendant is the business title of the store “I” located in the E market located in Songpa-gu Seoul Metropolitan Government E market as “I” located in G 1st floor H, and Nonparty C had a comprehensive power of representation as the Defendant’s children in relation to the store of this case.
B. From August 3, 2016 to April 4, 2016, the Plaintiff transferred a total of KRW 10 million to the Defendant’s Nonghyup Bank account and lent it to C.
C. From August 29, 2016 to November 12, 2016, the Plaintiff transferred a total of KRW 70 million to the Defendant’s Nonghyup Bank account. D.
C on November 12, 2016
paragraphs (c) and (c)
As to the sum of KRW 80,000,000 in the money of this subsection, the Defendant’s loan certificate was prepared and awarded to the Plaintiff.
E. C transferred the sum of KRW 80 million to the Plaintiff under the Defendant’s name on March 2, 2017.
2. The parties' assertion
A. Plaintiff C decided to transfer the instant store’s transfer price of KRW 280 million to the Plaintiff for the repayment of the Plaintiff’s loan. The Plaintiff, by November 12, 2016, paid KRW 80 million to the Defendant by combining the said transfer price with the existing loan by November 12, 2016. On November 12, 2016, the Plaintiff prepared a contract for the transfer of store business right and the transfer of business right with respect thereto with C, and set the said KRW 80 million as the down payment and the penalty as two times the down payment.
However, as C dual transfer of the instant store to Nonparty J, C seeks to limit the remainder of KRW 80 million, which was already paid out of the total amount of down payment, due to penalty, to the remainder of KRW 80 million.
B. Defendant or C is the case between the Plaintiff and the Plaintiff.