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1. The Defendant: (a) KRW 81,200,000 for the Plaintiff and 20% per annum from September 20, 2014 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. Basic facts
A. On November 2013, the Plaintiff and C agreed to acquire the agency business and management rights for D products operated by the Defendant.
B. Accordingly, on November 5, 2013, the Plaintiff paid the Defendant KRW 13 million for down payment, KRW 27 million on November 6, 2013, KRW 32 million on the aggregate of the first intermediate payment, including KRW 5 million on November 19, 2013, and KRW 25 million on November 29, 2013.
C. On December 1, 2013, the Plaintiff, C, and the Defendant drafted a sales contract for the agency business, management right, and the sales contract for the instant sales contract (hereinafter referred to as “the sales contract”). According to the above sales contract, which the Defendant prepared in advance at the time, the subject transaction office is a customer such as E, F, G, H, I’s business sales right, J 2 shop, K, L, M, E, E, E-art, P, P, and the outer parter ( Q, R, S, T, U,V, and W), and the acquisition amount was KRW 30 million,000,000 won, excluding the down payment and the second part payment, and KRW 10,000,000,000 won, excluding the down payment and the second part payment, until March 5, 2014 through May 25, 2014, the subject transaction office was leased to the Defendant and deposited KRW 30,000,000,00.
On the other hand, at the bottom of the above contract, the defendant, underwriter C, and the plaintiff are indicated as the transferor.
E. On December 8, 2013, the Plaintiff paid total of KRW 100,000,000 and KRW 11.2 million on December 16, 2013 as inventory acquisition price to the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion in the parties was in partnership with C, and entered into a sales contract with the Defendant for the milk agency business, and the management right, and paid 70 million won for down payment and intermediate payment, and 11.2 million won for the purchase of stock, but on February 2014, the contract was rescinded with the Defendant and the Defendant for the above sales contract. As such, the Defendant was restored to the original state following the termination of the agreement, and the Defendant paid 81.2 million won to the Plaintiff.