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1. The defendant shall pay 38,760,000 won to the plaintiff and 12% per annum from October 9, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On March 19, 2010, the Plaintiff entered into a contract with the Defendant, who operates D’s Syna, located on the third floor of Pyeongtaek-si building C, under which the Plaintiff paid KRW 170 million to the Defendant as a security deposit, and the Defendant entered into the said contract with the Plaintiff to allow the Plaintiff to engage in the said business (hereinafter “instant contract”) from March 19, 2010, and around that time, the Plaintiff paid KRW 170 million to the Defendant.
At the time of the instant contract, the Plaintiff and the Defendant agreed to manage the above soft and sugar business continuously for convenience, but to pay 3 million won per month to the Plaintiff, who is a business owner of the said sugar, the sales settlement amount for six months during the said period, and 3.6 million won per month during the six months during the said period.
B. The Defendant, after entering into the instant contract, remitted KRW 144,00,000 to the Plaintiff’s account on April 1, 2010 (attached Table Nos. 1), and as of April 15, 2010.
5.3. Two times in total, three million won, May 18, 2010.
6.2. Two times in total, three million won in total, and three million won in total on June 18, 2010 and on two occasions on June 30, 2010, and the same year as on July 16, 2010.
8.5. Two times in total, three million won, August 20, 2010.
9. On December 2, 14, a total of three million won, three million won on October 1, 2010, and three million won on December 2, 201 of the same year (attached Table 2 through 13), three million won on November 29, 2010 and two times on December 23, 201 of the same year, a total of three million won on six occasions from December 27, 2010 to November 25, 201, and three million won on an aggregate of 3.3.6 million won (attached Table 14 to 21.3 million won), and one half million won on an aggregate of 2.3 million won on each of 2.3 million won on December 29, 201 to 3.3 million won on December 29, 2011, and 2.3 million won on each of 2.3 million won on December 29, 2012, respectively.