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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The plaintiff's assertion that the defendant acquired the operation right of the C University cafeteria (hereinafter "the restaurant of this case") located in Macheon-si, and transferred the operation right to the non-party D. D again transferred the operation right to the restaurant of this case to the plaintiff, and the plaintiff operated the restaurant of this case in the name of the defendant from August 1, 2005 to December 7, 2006.
During the above period, the Defendant received a total of KRW 134,218,150 from C University in its own account (Account Number E) and paid KRW 61,36,380 among them as wages to the Plaintiff’s employees. As such, the Defendant should return the remainder of KRW 72,851,70 (=134,218,150 - 61,366,380) to the Plaintiff.
Nevertheless, since the Defendant returned only KRW 51,679,803 to the Plaintiff, the remaining KRW 21,171,967 (i.e., KRW 72,851,770 - KRW 51,679,80) and damages for delay for the eight years thereafter, the Defendant is obligated to pay damages for delay for KRW 29,643,70 and KRW 21,171,967.
2. Determination: (1) The Plaintiff’s account was transferred the instant restaurant operation right from D to December 7, 2006, and operated the instant restaurant under the Defendant’s name; (2) during the said period, the Defendant paid KRW 134,218,150 among the 61,36,380 to its employees after receiving KRW 134,218,150 from C University in his/her national bank account (Account Number E); and (51,679,803 to transfer KRW 51,679,80 to the Plaintiff’s account is either a dispute between the parties or a dispute between the parties, and as a whole, it may be recognized in full view of the purport of the entire pleadings as indicated in the evidence Nos. 1, 4, 4, and 5.
However, the defendant's representative director's spouse and the spouse of F, and the defendant's accounting affairs in G's bank account (Account Number H) to the plaintiff's account on December 9, 2005, and KRW 23,246,500 on January 23, 2006, KRW 2,589,00 on February 10, 2006, KRW 6,290,070 on March 13, 2006, and KRW 3,093,070 on April 11, 2006, and KRW 23,623,640 on April 6, 2006.