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1. The Defendant’s KRW 10,779,936 for the Plaintiff and 5% per annum from September 3, 2019 to October 16, 2020.
Reasons
1. Basic facts
A. The Plaintiff lent money to the Defendant, and on January 29, 2018, concluded the following agreements with the Defendant.
1) The Plaintiff receives from the Defendant the right to operate a student restaurant and store (a convenience store) of the first floor of D University E building from the Defendant to KRW 100 million, and the period is six semesters (three years). 2) The Plaintiff shall pay to the Defendant a down payment of KRW 10 million out of the said payment to the Defendant on the date of the contract, and the intermediate payment of KRW 50 million in lieu of the payment to the Defendant out of the Defendant’s existing loan obligations against the Plaintiff, and the remainder of KRW 40 million shall be paid to the Defendant up to February 14, 2018.
3) The Defendant repaid the remainder of the loan to the Plaintiff in installments, and pays the Plaintiff KRW 10 million each month from March 2018 to May 2018, and KRW 8.8 million each month from June 2018. B. The Defendant repaid the Plaintiff KRW 23 million each time from March 30, 2018 to September 17, 2018. Meanwhile, the Plaintiff transferred the above management right to F with the Defendant’s consent around November 2018, with KRW 45 million each time from March 30, 2018 to September 17, 2018.
2. Determination on the cause of the claim
A. According to the above recognition of the loan claim portion, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the loan amount of KRW 1,588,00 (i.e., KRW 388,00,000 - KRW 23 million) and damages for delay from July 1, 2018, which is the day following the final payment period, as sought by the Plaintiff.
B. Part 1 of the Plaintiff’s claim for refund of the price in 100 million won for the above three-year period, and the actual period operated by the Plaintiff is merely ten months, and the Defendant shall return to the Plaintiff KRW 66 million. However, since the Plaintiff recovered KRW 45 million from the above F, the Defendant is obligated to pay the remainder of KRW 21 million to the Plaintiff. 2) The Plaintiff’s judgment is based on the above restaurant, etc.