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1. The Defendant: (a) KRW 29,200,000 for the Plaintiff and 5% per annum from April 30, 2015 to February 3, 2016.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are between high schools and universities, and C is the wife of the Plaintiff.
B. Around 2012, in Germany, C established and operated D D (hereinafter “D”) for the purpose of importing and selling dental capital, and around 2013, C established and operated F (F) Company F (hereinafter “F) with E for the purpose of importing dental transplant, and the Plaintiff entered into a domestic sales contract with D when operating G Co., Ltd. (hereinafter “G”).
C. Around September 2012, the Defendant introduced C through the Plaintiff, and established H Co., Ltd. in order to operate the total sales of the Gangnam area of the said Gangseo Capital. Around that time, the Defendant transferred KRW 45,000,000 in total to D as the purchase price for three Gangseo Capitalers.
However, as D did not deliver three dental capital to the Defendant, the Defendant and C agreed that a certain amount of the profits distributed to the Defendant from August 1, 2013 to July 31, 2016, out of the profits distributed as F’s organ transplant projects, shall be paid to the Defendant at least 2,50,000 won per month, and upon the completion of the organ transplantation project during the period, C shall pay the difference between KRW 67,50,000,000 and the profits paid up until then.
E. On August 1, 2013, the Plaintiff transferred KRW 29,200,00 to the Defendant via the account in the name of I, a parent.
F. The Defendant, as above, remitted KRW 29,200,000 to F for the purchase price of five as a dental transplantr, and received five as a dental transplantr from F.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 through 3, Gap evidence 2, 4, 5, and Gap evidence 3-2, the purport of the whole pleadings and arguments
2. The assertion and judgment
A. The Plaintiff’s assertion (i.e., the instant claim) is the cause of the instant claim, and the Plaintiff’s KRW 30,000,000 per annum to the Defendant on August 1, 2013.