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1. The Defendant: KRW 64,059,320 for the Plaintiff and KRW 5% per annum from April 11, 2015 to October 12, 2017.
Reasons
1.The facts below the facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence 1 to 25 (including branch numbers; hereinafter the same shall apply) by reference to the whole purport of the pleadings.
The Plaintiff, who was friendly Nonparty C, was running by the Defendant several times, had an interest in the instant car page, which was operated by the Defendant, at the annual rate to the “E” car page 410 of the Gangnam-gu Seoul D Building (hereinafter “instant car page”).
B. The Plaintiff became only the Defendant with C’s good offices, and the Defendant solicited the Plaintiff to acquire the instant car page to the effect that “The amount of KRW 3.5 million per month to KRW 4.5 million per month, excluding all expenses to be incurred. As a result of the request made by the consulting company, the Plaintiff would be able to receive the premium amounting to KRW 1.22 million per month.”
C. On April 11, 2015, the Plaintiff trusted the Defendant’s explanation entered into a contract with the Defendant to take over the instant car page (hereinafter “instant contract”) and paid KRW 32 million to the Defendant for the premium of KRW 32 million on April 11, 2015 and KRW 29 million on April 14, 2015.
At the same time, the Plaintiff entered into a lease agreement with the Defendant on April 14, 2015 to April 13, 2016, setting the deposit amount of KRW 20 million, monthly tax of KRW 1.3 million, and the term of lease.
After entering into the instant contract with the Defendant, the Plaintiff performed the instant car page construction by June 14, 2015, and thereafter performed the same year.
6. 15. Starting the business.
There was an agreement between the Plaintiff and the Defendant to exempt the Plaintiff from monthly rent during the period of human rights construction.
E. In relation to the instant carpet premium, the first amount of premium presented to the Plaintiff was KRW 70 million.