약정금
1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly share KRW 15,442,586 on the part of the Plaintiff (Counterclaim Defendant) and the corresponding amount. < Amended by Presidential Decree No. 24200, Aug. 2, 2019>
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On October 16, 2012, the Plaintiff run the business of selling drinks, such as coffee, etc., with the name of “H, after renting the instant shopping district from D to November 15, 2012, by setting the deposit amount of KRW 10 million, monthly rent of KRW 170,000,000, monthly rent of KRW 1700,000,000, and the lease guarantee period of November 16, 2012 to November 15, 2014.
However, the LABD transferred the ownership of the instant commercial building to I due to the trust on November 30, 2010, so the owner of the instant commercial building was not D but I, a trustee, at the time of the conclusion of the said lease agreement.
B. On July 6, 2017, when the Plaintiff continued to operate the business after the said lease guarantee period, the said Plaintiff entered into a contract on the premium for commercial buildings (hereinafter “instant contract”) with the content of transferring all of the tangible and intangible property, including the right to lease, to Defendant B.
The details of the contract entered into between the Plaintiff and Defendant B are as follows:
A lessee of the commercial building premium contract refers to a person who pays the premium to a new lessee.
Article 1 (Payment of Premiums) The new lessee shall pay the lessee premiums as follows:
Total premium amount: various additional tax and global income tax shall be set aside separately, and the new lessee shall be made in a year 2 in a book.
Article 2 (Duties of Lessees) (2) The lessee shall transfer the following tangible and intangible property value in return for the premium until July 17, 2017 (Business Implementation Date) to the new lessee:
-The property value of the type: Intangible property value, such as business facilities and equipments: Customer, business know-how, fixed customer, and commercial building's interest points, etc. (3) lessee shall make the designated passbook by the date of the business operation of the new lessee (the password of the passbook shall be designated by the new lessee). (1) The lessee shall conduct the business after the commencement of the business by the new lessee.