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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from May 26, 2016 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding to the whole purport of the pleadings the entries in Gap evidence 1 to 9, and Eul evidence 1 to 4.
(1) On December 28, 2012, C: (a) leased a D-ground building (hereinafter “instant building”) from E, the owner of the instant building, by setting the lease deposit of KRW 50 million; (b) from March 1, 2013 to September 1, 2015; and (c) opened a restaurant with the trade name “F” from the instant building on April 29, 2013.
(2) The representative H and I proposed that C be entrusted with the F operation of the Company Company G (hereinafter “G”) and that G and C, on July 19, 2013, concluded an agreement with G to grant G the right to operate a single restaurant within F from September 1, 2013 to August 31, 2016, and G to deliver business bonds to C by August 28, 2013, KRW 50 million, and to pay the fee by settling accounts for 20% of the total sales of a single restaurant.
(3) C received a total of KRW 50 million as business bonds from August 20, 2013 to September 16, 2013.
(4) Meanwhile, around August 2013, G Representative H and the Plaintiff entered into a partnership business agreement for the operation of the Flux restaurant of the instant building, and the key contents thereof are that the Plaintiff paid KRW 150 million to G to G and settle profits by directly operating the store, and the contract period is from August 16, 2013 to August 15, 2015.
(5) Under the foregoing business agreement, the Plaintiff transferred KRW 10 million to the K Bank account in the name of the business bonds and facility expenses on August 16, 2013, KRW 45 million to the same account on August 23, 2013, KRW 48 million to the same account on September 9, 2013, KRW 7 million to the same account in the name of the wife J, and KRW 15 million to the K Bank account in the name of the wife J on September 16, 2013.
(6) On September 27, 2013, C entered the Plaintiff as the representative of G, and the term of the contract is fixed from September 15, 2013 to September 14, 2016, a written agreement with the same content as the previous agreement is re-written.