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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from October 27, 2013 to the day of full payment.
Reasons
1. Facts of recognition;
A. On December 13, 2002, the Plaintiff leased a 999 square meters wide from Seoyang-gu, Seoyang-gu, Seoyang-si, the Plaintiff operated an automobile maintenance plant (hereinafter “instant factory”) with the trade name “E” from around 2003 after lending the name of C on the ground and constructing a new building on the ground. The Defendant worked as a pre-service in the instant factory.
B. On April 2009, the Plaintiff: (a) transferred F with 300 million won ownership of the instant factory to F; (b) F operated the instant factory; (c) paid KRW 2 million per month to the Plaintiff as living expenses; and (d) agreed to settle the accounts of the sales of the instant factory every six months or every one year, and (e) paid KRW 2 million per month to the Plaintiff from September 2009 to May 201.
C. On September 2010, the Defendant acquired 1/2 shares of the instant factory from F, and paid 200,000 won to the Plaintiff as monthly living expenses, in the same manner as the Plaintiff and F, and agreed to settle the sales of the instant factory by settling accounts for six months or one year and distribute 1/2 each year (hereinafter “instant agreement”). The Defendant paid 12,00,000 won to the Plaintiff in total from October 28, 201 to June 21, 201.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, testimony of witness G and purport of whole pleadings
2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of the agreed amount of KRW 60,000,000 (2 million x 30 months) and damages for delay, as sought by the Plaintiff, from April 201 to September 2013, 201, as the Plaintiff was a person who was paid by the Defendant pursuant to the instant agreement, to the Plaintiff.
On the other hand, the defendant renounced all rights to the ground building at the time when the plaintiff transferred the factory of this case to F, and transferred all rights to the factory operation to F and did not exist.