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1. The Defendant’s KRW 60,651,50 for the Plaintiff and 5% per annum from June 22, 2016 to January 24, 2017.
Reasons
1. Determination as to the cause of claim
A. The Defendant borrowed 4 million won from the Plaintiff on August 16, 2012, and on March 17, 2014, between the Plaintiff and the Plaintiff on March 17, 2014, pursuant to an agreement between the Plaintiff and the time of full repayment of KRW 4 million (hereinafter “instant first agreement”).
(2) On August 1, 2013, the Plaintiff entered into a contract with the Defendant to rent 480 square meters in monthly rent of 50,000 square meters among the two-storys of the Defendant’s store in Namyang-si, Namyang-si, the second floor of the C Commercial Building (However, to pay the rent for 24 months at the same time), and from August 1, 2013 to August 1, 2015, the Plaintiff agreed to receive the remaining sales price after deducting sales commission from the Defendant (hereinafter “the second agreement”).
In addition, from October 21, 2014 to January 14, 2015, the Plaintiff sold goods worth KRW 16,251,500 in total leased goods, but did not receive the payment from the Defendant.
3) On July 7, 2014, the Plaintiff agreed with the Defendant to take over the price of the furniture, facilities, premium, etc. located in the Defendant’s store of the second floor of the C Commercial Building in Namyang-si (hereinafter “instant underwriting agreement”) of KRW 120,594,500 (the down payment is KRW 7 million on the day of the contract, the intermediate payment is KRW 33 million on July 20, 2014, and the balance of KRW 20,000 on August 7, 2014, and the amount equivalent to the goods price, each of which is paid) (hereinafter “instant underwriting agreement”).
the Defendant, on July 7, 2014, as down payment, KRW 7 million, and the same year.
7.20. The intermediate payments of KRW 33 million, and the same year;
8.7 Any balance of KRW 2 million was paid.
However, as the Plaintiff failed to pay the remainder under the instant underwriting agreement, the Defendant notified the Plaintiff of the cancellation of the instant underwriting agreement on September 3, 2014, and the said notification was served on the Plaintiff around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers in case of additional number), the purport of whole pleadings
(b) judgment;