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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. The plaintiff is the mother of the defendant.
B. Around February 5, 2014, the Plaintiff transferred C (D Motor Vehicle Parts Agency) that it had operated to the Defendant for a ten-year business period of KRW 420,000,000,000 to the Defendant.
C. On July 21, 2015, the Plaintiff sold the land, building, etc. E, which was owned by the Plaintiff, to UPD Co., Ltd. (SP).
[Ground] Facts without dispute, entry of evidence Nos. 1 and 2, the purport of the whole pleadings
2. On December 23, 2015, the purport of the Plaintiff’s assertion was to lend KRW 100 million to the Defendant, out of the purchase price of the said real estate against the Plaintiff. However, there was a need to view that the PPWD has the right to KRW 100 million to the Plaintiff, a seller of the said real estate.
Therefore, the defendant shall pay the above KRW 100 million to the plaintiff.
In addition, the Plaintiff transferred C to the Defendant and received benefits from the Defendant while working as C’s employee, and did not receive C’s benefits, and did not receive money paid on behalf of the Defendant, such as C’s water, electricity, and monthly rent.
Specifically, 20,496,755 won, total of 2014 benefits, telephone rates, and water rates, total of 22,496,75 won, total of 2015 benefits, monthly rent, etc. (based on program cost F 125,400 won, G 330,000 won, H 18,100 won, electricity tax 92,630 won, telephone rate of 1,216,70 won, 15,310, gas rates of 447,925 won, monthly rent of 11,00,000 won, and Plaintiff’s 20-month benefits of 20 months, 1,780 won, income tax of 2014, 1,780,630 won, etc.) minus the Defendant’s paid KRW 8,85,396,396,396,630 won, etc.
The Defendant shall pay the Plaintiff the sum of KRW 23,438,396 ( KRW 13,638,396,000,000) to the Plaintiff.
3. Determination
A. First, we examine the part on the claim of KRW 100 million.
According to the 1-1 and 2-2 of the evidence Nos. 1-1 and 1-2, M&D shall lend 100 million won, which is part of the real estate purchase price to the Defendant on December 23, 2015, and shall be named in the name of the Plaintiff.