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1. The Defendant’s KRW 43,955,430 as well as the Plaintiff’s annual rate from May 20, 2014 to September 22, 2015.
Reasons
1. The following facts may be acknowledged, either in dispute between the parties or in combination with the whole purport of the pleadings, either in Gap evidence Nos. 1 and Gap evidence Nos. 4 to 8 (including each number):
On January 9, 2014, the Plaintiff entered into a contract with the Defendant to transfer in KRW 75,000,000 all of the lease rights, goodwill, and business parts, fixtures, etc. within the store in Bupyeong-gu, Nowon-gu, Seoul (hereinafter “D”) located in the Plaintiff’s operation.
(hereinafter “instant transfer agreement”). The Defendant paid the down payment of KRW 2,00,000 among the transfer proceeds on the date of the contract, and the intermediate payment of KRW 28,000,000 until March 25, 2014; and the remainder of KRW 45,00,000 until March 25, 2014; and
4. The agreement was made to pay each time by 25.
B. On January 10, 2014, the Plaintiff delivered the instant store to the Defendant, and obtained the consent for the transfer of the right of lease from the lessor E of the said store.
C. In order to secure the Plaintiff’s payment of KRW 73,00,000 in total and the remainder under the instant contract for the transfer of business, the Defendant drafted and issued a notarized promissory note No. 30, April 25, 2014 (hereinafter “notarial deed of promissory note of this case”) with the date of payment No. 2010,000,000, a notary public signed and delivered to the Plaintiff.
The Plaintiff filed for the auction of movable property under the jurisdiction of the District Court 2014No3294 against the Defendant with the title of execution, and received KRW 180,000 from the executing court. The Plaintiff collected KRW 17,60,000 from E by accepting the order of seizure and collection under the jurisdiction of the District Court 2014TTT1027. The Plaintiff collected KRW 1,264,570 in total from the Private Teaching Institute of Korea upon receiving the order of seizure and collection under the jurisdiction of the District Court 2014TTT923.
E. On the other hand, the Defendant was indicted for fraud of Incheon District Court 2014 high-level 3279 for the following criminal facts, and one year and one year from the above court on July 3, 2015.