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1. The Defendant’s KRW 3,202,054 with respect to the Plaintiff and KRW 5% per annum from March 21, 2019 to January 15, 2020.
Reasons
1. Basic facts
A. The Defendant leased Seocho-gu Seoul Metropolitan Government building C, 1st floor D and E, and leased 1st floor D and E at each place, and thereby “F party hall” (hereinafter “the party hall of this case”).
(2) On November 13, 2018, the Plaintiff entered into a contract with the Defendant for transfer and takeover of a business entity (hereinafter referred to as “instant contract”) with a view to acquiring all the business rights of the instant party headquarters in the amount of KRW 25,000,000,000 (hereinafter referred to as “the instant contract”) through G Co., Ltd. (hereinafter referred to as “G”). Accordingly, the Plaintiff paid KRW 25,00,000 to the Defendant on November 13, 2018, KRW 2,000,000 on December 3, 2018, and KRW 21,000,000 on December 21, 2018, and KRW 25,000,000 on December 9, 2018.
3) On December 4, 2018, the Plaintiff concluded a lease agreement with the head of the Seocho-gu Seoul Metropolitan Government Party C building with H and the head of the instant party headquarters, and with the lease deposit of KRW 30,000,000, monthly rent of KRW 280,000 (excluding value-added tax), and from December 10, 2018 to December 9, 2019, the Plaintiff paid the lease deposit of KRW 30,000,000 to H around that time, and operated the instant party headquarters from December 9, 2018. Meanwhile, on December 9, 2018, the Plaintiff paid KRW 2,00,000 to G, a company in charge of the instant contract.
B. A final judgment against the Defendant 1) In the Seoul Central District Court case 2019Kadan5749, the Defendant was indicted as the charge of fraud against the Plaintiff as follows. The Defendant (the Defendant) made a false statement to the effect that, around 11:50 on November 13, 2018, at G’s office located in Gangnam-gu I and 14, the victim (the Defendant) (the Defendant) transferred the business rights of “F” on the Seocho-gu Seoul Seocho Building and the 14th underground floor in premium amount to KRW 25 million, while transferring the Plaintiff’s business rights of “F” at the victim’s office located in Gangnam-gu I and 14th floor in Seoul, Gangnam-gu, Seoul.
However, the above-mentioned sales are average 1.0 per month.