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1. The Defendant’s KRW 41.6 million with respect to the Plaintiff and 5% per annum from April 11, 2018 to July 4, 2018.
Reasons
1. Determination on the claim for the transfer price of commercial lease
A. On June 2017, the Plaintiff asserted that, while transferring the right of lease of D (hereinafter “instant commercial building”) located in Shyman City C to the Defendant (hereinafter “instant commercial building”), the Plaintiff was to receive KRW 30 million in total, KRW 5 million in lease deposit and KRW 5 million in premium, and even if not, at least, the Plaintiff was to receive KRW 75 million in total as security deposit and premium.
Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 4 and 5, and evidence No. 4, the Plaintiff transferred the right to lease of the commercial building of this case to the Defendant around the beginning of June 2017 with the payment of KRW 30 million in total as deposit for lease and KRW 70 million in premium of KRW 40 million. Of the above transfer proceeds, the Plaintiff received KRW 20 million on June 2, 2017, KRW 3 million on June 22, 2017, KRW 300,000 on June 222, 2017, and KRW 7 million on June 27, 2017.
Although the Plaintiff asserts that the transfer proceeds of the commercial lease of this case exceed KRW 70 million, the Plaintiff’s assertion on this part is without merit, since it is difficult to believe that each statement of evidence Nos. 6 and 7 and witness E, and there is no other evidence to prove otherwise.
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the transfer price of KRW 40 million and damages for delay.
B. The Defendant’s assertion (1) As to the Defendant’s assertion, the Plaintiff did not pay KRW 1,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0
(2) First of all, as to whether the Plaintiff did not pay KRW 11,50,000 out of the alcoholic beverages supplied from 10,000,000,000 for the alcoholic beverages supplied from 1,3,7, and 11 (including each number).