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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from April 8, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. On November 2012, 2012, the Plaintiff entered into a mutual agreement with the Defendant to operate D Council members under the name of an incorporated association C, and to invest KRW 200,000,000 in total, each of the KRW 100,000.
B. On December 3, 2012, the Plaintiff borrowed KRW 50,000,00 from E (E’s account transfer through F’s account transfer).
C. On January 21, 2013, the Defendant: (a) determined the transfer price for D Council members as KRW 266,000,000; (b) paid the down payment of KRW 20,000,000 on the date of the contract; and (c) paid the balance of KRW 246,00,000 on the date of the contract; and (d) concluded an overall business transfer agreement with D Council members to discontinue business by January 28, 2013.
On January 28, 2013, the Defendant agreed to compensate the Plaintiff for KRW 100,000,000,000 as damages for business losses, if the transferee fails to pay the remainder 246,000,000,000 under the instant comprehensive transfer and takeover contract between the transferor and the transferee G by February 5, 2013.
E. On January 21, 2013, the Defendant received the down payment of KRW 20,000,000 from the transferee’s side, and closed the business of KRW D on January 28, 2013, and the Defendant discontinued the business of KRW 246,00,000 due to the termination of the business comprehensive transfer and takeover contract, and the transferee did not pay the remainder by February 5, 2013.
F. On March 22, 2013, I paid KRW 20,000 to the Plaintiff, and the Plaintiff remitted KRW 20,000,000 to F on March 25, 2013.
G. On May 16, 2013, the Defendant issued and delivered a written confirmation (Evidence A2) as follows to the Plaintiff.
The defendant shall pay KRW 30,00,000 to E, and it shall be paid to the plaintiff immediately upon receipt of the money by winning in the building lease deposit (50,000,000 won) against the debtor G and the third debtor debtor G in the building lease deposit (50,000,000 won).
H. On November 26, 2014, E transferred to the Plaintiff the claim amounting to KRW 30,000,000 against the Defendant of E, and sent notice of the above assignment of claim to the Defendant on November 27, 2014, and the Defendant received notice around that time.
[Reasons for Recognition]