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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from January 21, 2014 to June 26, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On December 2, 2009, the Defendant operated a hospital with the trade name of “D hospital” from the fifth and sixth floor of the building located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul. On December 2, 2009, the Defendant reported the closure of business for the above hospital on October 31, 201.
1) The dividends in 200,000,000 won shall be paid monthly in 5,00,000. 2) At the time of the failure to pay dividends, the hospital operating rights (5,6,7 stories) shall be transferred.
3) The first contract period is between January 14, 201 and January 13, 2012. 4) The first contract period is 200,000,000 won and dividends (including dividends) at the time of the transfer of D Hospital (Arrangement).
5) The dividend on a restaurant shall be paid on 30th day of each month. 6) In the event of non-performance of the contract, civil or criminal liability shall be responsible.
B. On the other hand, on January 13, 201, the Plaintiff deposited KRW 100,000 in the D Hospital Operation Fund account (hereinafter “instant account”) in the Defendant’s name, and on January 14, 2011, the following day was prepared by the Plaintiff and the Defendant’s name “D Hospital restaurant contract (hereinafter “instant agreement”).
C. Meanwhile, from January 31, 201 to September 2, 2013, KRW 5,000 per month was deposited in the Plaintiff’s account from January 31, 201 to September 2, 201, and KRW 157,500,000 ( = KRW 5,00,000 x KRW 31 month x KRW 2,500,000) was deposited in the Non-Party E account. The remarks column of each of the above amounts was written in the “D Hospital”, and the portion deposited from January 31, 201 to December 30, 201 was deposited in the Non-Party E account.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, and 3 (Evidence No. 1 is recognized as the authenticity of the evidence as stated in the judgment of paragraph (3) below), Eul evidence Nos. 2 and 4, and the court's response to the new bank of this court on April 21, 2014 to the new bank of this court, the purport of the whole pleadings, as a whole.
2. The parties' assertion
A. The plaintiff and the defendant, around the plaintiff's assertion, agreed to return the deposit to the plaintiff when the defendant transferred the D Hospital in accordance with the agreement of this case. Thus, the defendant was 100,000,000 won deposited by the plaintiff as the deposit money.