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1. Revocation of the first instance judgment.
2. The Defendant: (a) KRW 169,979,212 to the Plaintiff; and (b) from October 30, 2014 to August 30, 2018, respectively.
Reasons
Basic Facts
Around May 2009, the Plaintiff and her husband C entered into a partnership agreement with the Defendant, a partner of the Plaintiff, on the operation of a funeral restaurant. Around that time, the Plaintiff and her husband entered into a partnership agreement on the operation of a funeral restaurant with the trade name of “E” in Seo-gu Daejeon, Daejeon, but closed the partnership on December 31, 2010 and terminated the partnership.
(2) On March 19, 201, the Plaintiff and C again concluded a partnership agreement with the Defendant on the operation of a restaurant in Seo-gu, Daejeon (hereinafter “the second partnership agreement”) and terminated the partnership agreement on February 28, 2013 (hereinafter “the second partnership agreement”). On February 25, 2013, the Defendant agreed to pay KRW 200 million if C did not bring about KRW 100 million out of the first partnership agreement (hereinafter “the first settlement agreement”); and the Plaintiff. The Defendant issued a written agreement on March 19, 2013 to the Plaintiff. The Defendant terminated the second partnership agreement between C and the Plaintiff on February 28, 2013, but, on behalf of the Defendant’s designated person, transferred the name of the second partnership business, and agreed to pay KRW 20 million to the Plaintiff for the second partnership agreement on February 20, 2013 (hereinafter “the second settlement agreement”). The Defendant participated in the agreement on February 20, 2013.
C On February 23, 2016, on the part of the Plaintiff, pursuant to the first and second settlement agreement, transferred a claim for settlement amount against the Defendant (hereinafter referred to as “transfer of claim of this case”), and on March 2, 2016, sent a content-certified mail containing the purport of the above transfer of claim to the Defendant, and the above notice of transfer of claim reaches the Defendant around that time.
[Reasons for Recognition] A-2 and 14 Evidence (including a branch number if a branch number is included; hereinafter the same shall apply), Eul-3 evidence, and the main purport of the entire pleadings, the plaintiff is pending in the lawsuit of this case.