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1. The Defendant’s KRW 10,000,000 as well as 5% per annum from April 14, 2016 to October 4, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On April 12, 2016, the Plaintiff and the Defendant entered into a business transfer agreement (hereinafter “instant contract”) with the Plaintiff, which transfers the sales price of KRW 225 million to the Plaintiff at KRW 25 million (the value of the facility and business right KRW 80 million).
The main contents of the instant contract are as follows.
(A) The purpose of this Agreement is to regulate the transfer of all of the beer project operated by “A” to “B” by the Defendant, “B”, and “B” to “B”.
Article 2 (Transfer Business) "A" shall transfer to "B" a business body operated by "A" located in the E-building F in the case of the compatibility of Gyeonggi-do.
Article 3 (Evaluation of Business) Both Parties shall provide a guarantee that there is no objection to the value of the facilities and the right to the business under Article 2 as of the date of the preparation of this Agreement, by mutual agreement, in the calculation of the value of the facilities and the right to the business under Article 2 as the full payment of the full payment of the full payment.
B. Under the instant contract, on April 14, 2016, the Plaintiff paid the Defendant the transfer price of KRW 225 million to KRW 145 million, which is the value of facilities and business rights, among the transfer price of KRW 225 million, and the remainder of KRW 80 million was paid to the building owner as a security deposit.
C. On April 12, 2016, the Plaintiff entered into an entrustment contract with G Co., Ltd. operated by the Defendant, and the Plaintiff, for two years, entrusted the management of the instant tasks and distributed profits.
From the above consignment contract to the termination of the contract, the Plaintiff agreed to pay 20% of the monthly profit (10% of profit for the month in which sales are below 45 million won) to the above company.
The Defendant’s sales of the instant bakeries from January 7, 2016 to April 19, 2016 were KRW 53 million (from January 7, 2016 to February 6, 2016), KRW 29 million (from February 7, 2016 to March 6, 2016), KRW 41 million (from March 7, 2016 to April 6, 2016), KRW 13 million (from April 6, 2016 to April 19, 2016).
However, the Plaintiff.