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1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from March 15, 2017 to July 14, 2017 to the Plaintiff.
Reasons
Basic Facts
A. On July 25, 2012, the Plaintiff: (a) leased the area of 75.3 square meters in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and agreed to operate the “F” musical shop (hereinafter “instant main shop”); (b) the acquisition price of KRW 45 million shall be borne by 1/2 each; and (c) the instant main shop was operated by D to pay 2-30% out of the profits to the Plaintiff; and (d) the Plaintiff, among the acquisition price of KRW 45 million, paid KRW 30 million and KRW 15 million, respectively.
B. D prepared a joint agreement note in accordance with the agreement on the business of the Dong under the name of G, and the name of the main agent of the instant case was registered in the name of G and operated the main office of the instant case.
C. D was liable to the Defendant for the amount equivalent to KRW 16,050,000, but instead of paying the borrowed amount, D transferred to the Defendant all rights, such as its own business rights, to the instant main points, instead of paying the borrowed amount, and the Defendant began to operate the instant main points on January 17, 2013 by changing the lessee’s name and the name of the business owner to the Defendant’s Hahh.
On February 5, 2013, the Defendant prepared and delivered to the Plaintiff a letter of agreement that the Plaintiff would pay KRW 30,000,000 out of the transfer price of KRW 50,000 to the Plaintiff (hereinafter “instant letter of agreement”).
[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 3 (including serial numbers; hereinafter the same shall apply), the witness D’s testimony, and the purport of the entire argument of the plaintiff’s claim are transferred from D, and the defendant agreed to pay KRW 30,000,000 out of the price to the plaintiff when the plaintiff and the defendant transfer the main points of this case between D. The defendant agreed to pay KRW 30,000,000 to the plaintiff by July 15, 2014, regardless of the transfer of the main points of this case.
However, the defendant is in this case.