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Defendant B’s KRW 45,00,000 and the following day for the Plaintiff’s KRW 5% per annum from May 1, 2019 to August 8, 2019.
Reasons
Facts of recognition
A. On September 15, 2015, the Plaintiff leased the first floor of the Cheongju-gu E-owned building located in the Cheongju-si, a deposit of KRW 20 million and KRW 600,000 per month of rent, and operated a restaurant in the name of “F” (hereinafter “instant restaurant”).
B. Around September 2018, the Plaintiff entered into a contract with Defendant B with the content that the Plaintiff shall transfer the instant restaurant to Defendant B, and that Defendant B shall pay the said lease deposit amount of KRW 20 million and KRW 45 million in total by April 2019 (hereinafter “instant transfer contract”).
C. On October 26, 2018, Defendant B entered into a lease agreement with the lessor D to which the lessee is the husband of the instant restaurant, and, after completing the business registration of “G” in the name of Defendant C, operated the restaurant in the instant restaurant.
[Ground of recognition] Facts without dispute, Gap 2, 3, 4, 8, 9, 10 items, and the purport of the whole pleadings
2. Claim against the defendant B
A. According to the above facts finding as to the cause of claim, Defendant B is obligated to pay to the Plaintiff the transfer price of KRW 45 million under the transfer contract of this case, and the delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from May 1, 2019 to August 8, 2019, the delivery date of a copy of the complaint of this case from May 1, 2019, and 12% per annum as stipulated in the Act on Special Measures for the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. Defendant B’s defense of payment of KRW 15 million is asserted as follows. (2) According to the evidence Nos. 8, 9, and 1 of this case’s transfer proceeds, Defendant C borrowed KRW 15 million from H association on November 6, 2018. Defendant B set aside this at a place with I and J, and the Plaintiff left it at the same time with I and J.