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1. The Defendant’s KRW 68,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 6, 2012 to February 17, 2016.
Reasons
1. Judgment on the plaintiff's claim
A. (1) On May 20, 2009, the Plaintiff and the Defendant entered into a business agreement with the purport that “the Plaintiff opens a restaurant in its name on the first floor of Seo-gu Daejeon Special Metropolitan City (hereinafter “the instant commercial building”) where the Plaintiff paid the lease deposit of KRW 120 million, and the Plaintiff already leased the said restaurant, and the Defendant shall operate the said restaurant on his own responsibility, and the profits (distribution) shall be 5:5.” At that time, the Defendant operated the restaurant in the instant commercial building from that time to January 23, 2010, the Defendant opened a convenience store in part of the instant commercial building under the name of the Plaintiff and started to operate it.
(2) After that, on July 16, 2012, the Defendant transferred the status of the tenant of the instant commercial building from the Plaintiff in the name of D, the wife (the Defendant concluded a lease agreement with the lessor of the instant commercial building on the same day, and the Plaintiff issued a receipt to the lessor of the said commercial building to the effect that the lease deposit of the said commercial building was returned KRW 120 million, and the Plaintiff continued to operate the convenience store in the instant commercial building in the Plaintiff’s name until October 18, 2013.
C. On September 5, 2012, the Defendant: (a) prepared a letter of payment stating that “at the time of acquiring the status of a tenant of the instant commercial building, the Plaintiff would have paid KRW 120 million to the Plaintiff at the time of acquiring the status of the said commercial building; (b) so, the new lessee would immediately pay KRW 120 million the said lease deposit, and if the new lessee did not enter into a contract with the new lessee by December 5, 2012, he/she would pay all the unpaid lease deposits, regardless of whether the new lessee would have entered into a contract with the new lessee by December 5, 2012 (hereinafter “the letter of payment”).
The Plaintiff received KRW 50 million from the Defendant on April 4, 2014, and KRW 52 million on February 11, 2015.
[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and Eul Nos. 1, 1.