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1. The Defendant’s KRW 43,250,00 for the Plaintiff and KRW 5% per annum from October 16, 2019 to April 22, 2020.
Reasons
1. Basic facts
A. The relevant plaintiffs, the defendants, and C are mutually favorable and closer between the parties, and D are C's spouses.
B. From May 2018, the Defendant registered his/her business with the trade name “E” and operated the carpet in G from the fifth floor building located in Incheon Gyeyang-gu, Incheon, which was located in the fifth floor. (hereinafter “instant carpet”).
The defendant had various information and advice from C with business experience in the process of preparing a car page.
Around February 2018, the Defendant entered into a lease agreement on the instant carpet building with H. On March 5, 2018, and entered into a contract for the instant carpet building with I on March 5, 2018.
C. (1) On February 12, 2018, the Plaintiff transferred KRW 18 million to H as lease deposit to the lessor of the instant carpet building, and the Plaintiff transferred KRW 33,90,000 to I the instant carpet building construction cost four times from March 5, 2018 to March 24, 2018.
In addition, on March 23, 2018, the Plaintiff transferred KRW 5 million for purchase of coffee machine to J Co., Ltd. to be used in the instant car page.
(2) From November 27, 2017 to March 21, 2018, the Plaintiff remitted KRW 1,6750,000,00 in total, as follows, for expenses incurred in opening and operating the instant carpet.
(The reasons indicated in the Non-Appellant column are the reasons alleged by the Defendant). B C CK B B B B C (3) Meanwhile, the Defendant remitted to the Plaintiff a sum of KRW 28 million on several occasions through D’s account from January 23, 2018 to March 24, 2018, and the Plaintiff received KRW 2.4 million separately from the Defendant on March 16, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 8, and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff (1) The primary assertion is as follows: (a) the lease deposit of the instant car page amounting to KRW 20 million; and (b) the payment of the construction price of KRW 33.9 million at the Defendant’s request.