손해배상(기)
1. As to the main lawsuit of the judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) extended and added in the trial.
1. Facts of recognition;
A. On September 6, 2011, the Defendant: (a) the building in Suwon-gu Busan (hereinafter “instant building”); and (b) the owner is C Co., Ltd. (hereinafter “C”).
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B. On September 13, 2013, the Plaintiff agreed to take over the instant club with the Defendant and paid the Defendant a down payment of KRW 10 million, and concluded a contract with the Defendant on September 26, 2013 (hereinafter “instant contract”). On September 26, 2013, the Plaintiff entered into a contract with the Defendant to take over the instant club in KRW 25 million (hereinafter “instant contract”). The key content of the instant contract is as follows.
Article 3 The defendant shall cooperate with the plaintiff in the contract, business registration, and transfer registration at the same time as he receives the balance of the transfer price from the plaintiff.
Article 4 Before the completion of transfer, the instant club employees shall not be notified before the mutual agreement period is reached in order to prevent the movement of the employees of the instant club, and the Defendant shall provide all assistance for the smooth takeover of the Plaintiff.
Article 5 The profits and charges accrued to the instant club shall be based on the date of mutual designation.
Article 6 Until the plaintiff pays the balance to the defendant on October 10, 199, the defendant shall reimburse the amount of the down payment, and the plaintiff may waive the down payment and terminate this contract.
C. On October 1, 2013, the Plaintiff’s instant club from C with the Defendant’s presence of the Defendant amounting to KRW 150 million, monthly, and KRW 150 million.