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1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate from July 10, 2018 to February 28, 2019, and the following.
Reasons
1. The Plaintiff’s summary of the assertion ① leased KRW 50 million in total from January 24, 2018 to February 28, 2018 to E, who operated “D” (hereinafter “instant store”) in the Cheongju-si Office C (hereinafter “instant store”).
② E, upon running the instant store in partnership with the Defendant, left the partnership on May 24, 2018, and the Defendant, upon which the instant store was solely operated, agreed to pay E the amount of KRW 80,000,000 ( KRW 10,000,000,000,000 in total stock of KRW 50,000) due to the termination of the partnership relationship x 1/2, and among which, the amount of KRW 30,000,00 in total, the Defendant assumed the Defendant’s obligation to E and actually paid the remainder of KRW 50,000,000.
The defendant paid 18 million won out of the above 50 million won to E.
③ On June 15, 2018, E transferred to the Plaintiff the remainder of the share settlement claim against the Defendant, KRW 32 million ( KRW 50 million - 18 million), and completed the notification of transfer to the Defendant on June 18, 2018.
④ Therefore, the Defendant is obligated to pay the Plaintiff the above amount of KRW 32 million and damages for delay.
2. Determination:
A. It is not sufficient to recognize that the Defendant agreed to pay KRW 80 million equity as alleged in E upon the termination of a partnership relationship with respect to the instant store on May 24, 2018, only with the descriptions of Gap evidence Nos. 1 through 6 (including all of the serial numbers; hereinafter the same shall apply). There is no evidence to acknowledge otherwise.
B. Rather, comprehensively taking account of the overall purport of the arguments in evidence Nos. 3 through 14 submitted by the Defendant, E, from October 2, 2017 to October 2, 2017, operated the instant store with G and H, with a debt exceeding KRW 100 million ( KRW 22,00,000,000 on December 23, 2017, KRW 38,000,000 on January 16, 2018, KRW 30 million on February 27, 2018, and KRW 50,000,000,000,000 on January 11, 2018, E leased the instant building from I and agreed on January 1, 2018.