(영문) 창원지방법원 2015.02.10 2014가단6780

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(영문) 창원지방법원 2015.02.10 2014가단6780

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 2013, while the Defendant operated D main points on the 10th floor of the 10th floor of the land building Kimhae-si, the Defendant decided to transfer the Plaintiff’s right to operate the main points of this case to E, who is the Plaintiff’s children, KRW 70,000,000 (the transfer price of KRW 30,000,000 and the lease deposit of KRW 40,00,000).

B. On May 20, 2013, the Plaintiff paid KRW 30,000,000 to the Defendant out of the transfer price, and E began operating the instant main points from that time.

C. On June 10, 2013, the Plaintiff entered into a lease agreement with F, a lessor, with regard to the instant main points as KRW 40,00,000, and KRW 2,300,000 per month of rent (excluding value-added tax) on the instant main points. On June 14, 2013 and June 15, 2013, the Plaintiff paid the remainder of KRW 40,000,000 to the Plaintiff.

The Defendant, from July 16, 2013 to October 2013, operated the instant main points on behalf of E on the grounds of the following: (a) the contact was set aside by locking E from July 16, 2013 to October 2013; and (b) assisting E in operating the main points of the instant case.

E. On October 2013, 2013, the Plaintiff: (a) had Cho Jong-man G operate the instant main points; and (b) the Plaintiff and the Defendant transferred and settled the instant main points.

The Defendant paid approximately KRW 40,00,000 to the Plaintiff on the ground that the Defendant spent approximately KRW 40,000 on an individual basis, as compared with the revenue during the period of operation instead of the main point of this case.

F. On October 10, 2013, the Plaintiff and the Defendant drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “The Plaintiff shall pay KRW 40,000,000 to the Defendant by February 9, 2014, and, if delay, the Plaintiff shall add damages for delay at a rate of 30% per annum to the Defendant,” and the Plaintiff shall prepare a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, witness.

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