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1. The Defendant’s 25,990,000 won and its 20% per annum from December 12, 2013 to the date of full payment.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2 and 10, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:
On June 29, 201, the Plaintiff and the Defendant leased No. 201 and No. 202 of the second floor of the building E located in Namyang-si and D to KRW 10 million, and respectively, leased No. 203 of the same building to KRW 10,000,000 for lease deposit, and operated a mutually fixed restaurant of “F” (hereinafter “instant restaurant”) in each of the above stores as a partner. The Plaintiff’s share ratio in the same business is 60% and the Defendant’s share ratio was 40%.
B. After that, the Plaintiff and the Defendant transferred the instant restaurant to G on July 18, 2012, received KRW 50 million as down payment and received KRW 35 million as the remainder.
C. On July 18, 2012, the Plaintiff and the Defendant concluded that KRW 30 million should be paid to the customer as a deposit, and the remainder KRW 20 million should be divided into KRW 10 million by the Plaintiff and the Defendant, respectively.
However, since the plaintiff and the defendant participated in the above distribution of down payment of KRW 50 million, the agent of the cafeteria store of this case who is the plaintiff and the defendant shall be the defendant, it may be a problem later, and then it would be transferred to the defendant in the name of the lessor in the future, so he would pay KRW 20 million to him.
E. Accordingly, when the Plaintiff and the Defendant received KRW 20 million from the lessor in the future, the Plaintiff and the Defendant paid KRW 20 million to the Plaintiff and paid KRW 20 million to the lessor’s agent. Since then, the Defendant received KRW 20 million from the lessor.
F. Meanwhile, from July 1, 2012 to July 18, 2012, the sales amount of the instant restaurant was KRW 26,650,000, but it was about this.