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1. The Defendant’s payment order for the premium case against the Plaintiff was based on the Ulsan District Court 2019j2095 dated July 11, 2019.
Reasons
1. Basic facts
A. On June 10, 2015, the Defendant entered into a contract with the Plaintiff to transfer the instant restaurant business to the Plaintiff, but at the time of the completion of the instant restaurant business, the Plaintiff would pay KRW 15 million to the Defendant the lease deposit for the instant restaurant in the name of “D” (hereinafter referred to as “instant restaurant”) under the name of “D,” which was leased at KRW 15 million.
(hereinafter “instant transfer contract”). B.
On June 19, 2016, the Plaintiff entered into a lease agreement between the owner of the instant building and the owner of the instant building, who is the husband of the Plaintiff, to lease the instant building up to KRW 15 million, KRW 1 million in monthly rent (excluding value-added tax), and June 19, 2017, and to deliver the instant building without restoring it to its original state upon the termination of the lease agreement (hereinafter “instant lease agreement”), and the instant restaurant business was conducted in the instant building.
C. After that, around November 2016, the Plaintiff received the remainder of KRW 14 million from the owner of the instant building after deducting KRW 1 million monthly rent from the owner of the instant building at the time of termination of the instant lease agreement, but did not pay it to the Defendant. Accordingly, the Defendant filed a criminal complaint on the criminal charge that the Plaintiff embezzled KRW 15 million, but was dismissed on August 30, 2018 on the ground that the criminal conciliation was established between the Plaintiff and the Defendant from the Ulsan District Prosecutors’ Office.
After that, the Defendant applied for a payment order of KRW 19 million against the Plaintiff on July 2019, on the ground that the Plaintiff agreed to pay for the premium to the Defendant when the instant lease contract was terminated at the time of the instant transfer contract, the Plaintiff applied for a payment order seeking payment of KRW 19 million for the premium to the Defendant. On July 11, 2019, Ulsan District Court Decision 2019 tea2095, supra, KRW 19 million for the premium.