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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On April 25, 2013, the Plaintiff established a business entity called D (hereinafter “D”) with Defendant, C, etc. and started its business.
B. The above company was established for the purpose of after-school education operation business, private teaching institute operation business, Internet education business, and learning business. For its operation, the Defendant leased from the Plaintiff the second floor of Seocho-gu Seoul E-building 81.39 square meters free of charge.
C. As of June 3, 2013, D’s officers are registered as representative directors and in-house directors, the Defendant, in-house directors, C, F, and auditors G.
After that, the plaintiff, the defendant, and C have different opinions on D's business progress directions, and the above three parties have made a written agreement on the reorganization of the partnership business on June 27, 2013, and the main contents are as follows:
(hereinafter referred to as the agreement in this case). Ⅰ. Arrangement plan
1. The Defendant pays the amount agreed upon to the Plaintiff and C, and the Plaintiff and C transfer the entire share to the Defendant at the time of the final payment.
The payment order will first pay the amount to C and then pay it to the Plaintiff after the end.
Ⅱ. Adjustment of C: The defendant shall pay the agreed amount (30,000,000) to C in the following schedule:
- Until the end of June 2013: 10,000,000 won - until August 5, 2013: 20,000,000 won
Ⅲ. Liquidation of the plaintiff: the defendant shall pay the agreed amount (30,000,000 won) to the plaintiff on the following schedule:
- Until September 5, 2013: 10,000,000 won - up to October 5, 2013: 20,000,000 won - The following:
E. Under the instant agreement, the Defendant paid C KRW 30,000,000.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 3 through 6, the purport of the whole pleadings
2. The Plaintiff is a person who received KRW 10,000,000 from the Defendant in accordance with the instant agreement.
Therefore, the Defendant is entitled to receive the instant agreement from the Plaintiff.