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1. The Defendant’s KRW 4,200,000,000 as well as 5% per annum from June 30, 2012 to May 17, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On April 2007, the Plaintiff, the Defendant, C, D, and E entered into a partnership agreement with Plaintiff 35%, Defendant 30%, C15%, D, and E with 10% invested in each of the 8th floor of the Seocho-gu Seoul Metropolitan Government F building (hereinafter “instant building”).
B. On April 17, 2007, the Plaintiff: (a) leased the instant building owned by the Defendant from the Defendant, with the lease deposit of KRW 6,000,000,000; (b) monthly rent of KRW 30,000,000; and (c) from May 14, 2007 to May 13, 2010; and (b) agreed not to pay the lease deposit of KRW 1,80,000,000 as the Defendant’s contribution separately.
(hereinafter “instant lease agreement”). On April 26, 2007, the Plaintiff paid KRW 4,200,000 to the Defendant under the said lease agreement.
C. On May 2010, the Plaintiff, C, D, and E agreed with the Defendant to continue to operate the age club in the instant building even after May 13, 2010, which is the expiration date of the above term of lease. Accordingly, the Plaintiff, C, D, and E continued to operate the age club in the instant building.
On April 20, 2012, the Plaintiff purchased all rights, facilities, etc. related to the business of the instant building and the instant building from the Defendant from the Defendant to KRW 11,200,000 (the contract deposit and intermediate payment of KRW 4,200,000,000, the remainder of KRW 7,000,000) and agreed that the sales contract shall be concluded when the Plaintiff received a loan from a financial institution for the remainder payment.
In addition, the plaintiff shall pay 15% of the profits from the age club business in the building of this case to the defendant on the same day, and when the plaintiff intends to sell the building of this case to a third party, the remaining amount after deducting the deposit for lease of this case from the purchase price, the loan of this case 4,200,000,000, the loan of this case from the financial institution as security, and the amount of credit against G paid by the plaintiff on behalf of the defendant shall be paid within the limit of 1,80,000,000.