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1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 20% per annum from October 28, 2014 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is registered as a business entity of a household store “E” (hereinafter “instant store”) in Simsan-si, Simsan-si, and operates it together with Nonparty F, who was in a de facto marital relationship.
On February 1, 2013, F transferred the right to operate the store to the Defendant.
The above store was leased in the name of F who is the user of the G.
B. On February 4, 2013, the Defendant drafted a loan certificate (No. 2, hereinafter “the loan certificate of this case”) with the following content on the F.
I agree to pay the above amounts by the end of June 2013 of the first day of February 4, 2013 (20,000,000) E.S. Won.
The difference between B H on February 4, 2013. 14,942,670, the borrower, after deducting the monthly management expenses, shall be deposited in the first J signature: B
C. The F, on the same day, stated the following: (a) the certificate of lease sale (No. 1; hereinafter referred to as “instant certificate”) to the Defendant on the same day:
When calculating the certificate of sale and purchase of the lease, K above-stores are transferred.
On January 31, 2013: G guarantor: F transferee: The amount transferred B is clearly verified and fully paid the amount equivalent to 50,000,000 premium (the premium 50,000,000 won) for the premium (the premium 50,000,000; the ground for recognition) on February 4, 2013; the facts that there is no dispute; Gap evidence 2; Eul evidence 1; the purport of the whole pleadings; and the purport of the whole pleadings.
2. Determination
A. The Plaintiff asserts that the Defendant agreed to pay KRW 20 million to the Plaintiff via F with the loan certificate of this case as the balance of the transfer price of the store of this case.
On the other hand, the defendant settled all the transfer proceeds to G, the plaintiff and the F and stated that F was paid in the confirmation document of this case. The loan certificate of this case is not about the remainder of the transfer of the store of this case, but about G's separate obligations, and therefore, the loan certificate of this case contains the account of non-party I, the husband of G, which is the non-party I.
B. The loan certificate of this case and this.