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1. The Plaintiff (Counterclaim Defendant) paid KRW 25,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from December 31, 2016 to January 31, 2017.
Reasons
1. Facts of recognition;
A. From May 14, 2014, the Defendant operated a general restaurant (hereinafter “instant restaurant”) with the trade name of “F” at a restaurant located in “E in Namyang-si, Namyang-si,” along with his parents ( father C, mother D).
B. On March 15, 2016, the Plaintiff’s mother G, who received the instant restaurant from the Defendant’s mother’s mother on March 13, 2016, proposed a proposal to allow the Defendant’s mother to purchase the instant restaurant at KRW 55 million, and the Defendant’s parent and his parent received it and the Plaintiff’s mother’s mother (D) directly 1.5 million, a part of the down payment (5 million) to the Defendant’s mother’s mother on March 13, 2016, and deposited the remainder KRW 1.5 million out of the 3.5 million amount into the accounts of D on March 15, 2016, and KRW 2 million in March 17, 2016.
C. Accordingly, on August 31, 2016, at the place where both the Plaintiff’s parents, the Defendant, and the Defendant’s parents are present, a sales contract stating that the Plaintiff acquires the instant restaurant from the Defendant in the purchase price of KRW 55 million (hereinafter “instant sales contract”) and that H signed the Plaintiff’s signature in the Plaintiff’s capacity as the Plaintiff’s agent. According to the contract, the intermediate payment of KRW 25 million was paid on August 31, 2016, and the remainder of KRW 25 million was paid on December 30, 2016, and the instant restaurant was delivered on September 1, 2016.
The Plaintiff’s mother G deposited KRW 3 million on August 31, 2016, the sales contract of this case, as part of the intermediate payment, and KRW 20 million on September 1, 2016, which is the next day, into each Defendant parent-child account. The Plaintiff and his parent began the restaurant business after taking over the instant restaurant from September 1, 2016.
E. From September 19, 2016 to October 10, 2016, the Plaintiff directly asked the Defendant of the instant restaurant business registration procedure, the establishment of passbook, the tax or income return, and the matters concerning the use of restaurant business facilities.