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1. The defendant shall pay 36,00,000 won to the plaintiff and 20% per annum from June 26, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. From June 2012, the Plaintiff: (a) operated the training house with the trade name “D” located in Yeonsu-gu Incheon Metropolitan City C, E mobile 1 and 2 (hereinafter “D”); (b) borrowed KRW 20 million from the Defendant via the introduction of Nonparty E around December 2012.
B. As the Plaintiff failed to pay the borrowed money from the Defendant, around March 2013, the Plaintiff transferred the business of the instant store to Nonparty F, the Defendant’s wife, at KRW 83.5 million, the Plaintiff agreed to take over the Plaintiff’s debt amounting to KRW 47.5 million including the loan amount of KRW 20 million against the Defendant, and deducted the Plaintiff from the acquisition amount.
C. On March 26, 2013, the Defendant entered into a lease agreement with Nonparty G, a lessor, and the first floor of this case, setting the lease deposit amount of KRW 20 million per month, KRW 2 million per month, and the lease term from April 1, 2013 to April 30, 2015, and entered into the instant lease agreement under the name of the Defendant.
F, while operating the instant store along with E, it went to another place on May 2013, and E had ceased to operate the instant store until December 2013, and the Defendant transferred the instant store to G and discontinued its operation on February 2014.
E. The F has not yet been paid KRW 36 million, which is the balance of the acquisition price of the instant store.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers in case of additional number), part of Eul evidence 1, E’s testimony of witness E, witness F’s partial testimony, purport of whole pleadings]
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff is obligated to pay the plaintiff the total amount of the acquisition price due to the defendant's operation of the store in this case with F and the Dong business, and the defendant is F, and the defendant is the transferee of the store in this case, and the defendant is the creditor who lent F 20 million won to F, and the lease contract of the store in this case and the name of business registration for the purpose of security.