권리금반환
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following 'the judgment on the claim for damages on the ground of Defendant B's non-performance of obligation: thus, this Court cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim for damages on the ground of Defendant B’s nonperformance of obligation
A. The Plaintiff’s assertion that Defendant B promised to hand over 150 paid trainees to the Plaintiff on the condition of taking over the facilities and rights of the Taekwondo hall of this case, but did not properly implement them. As such, the Plaintiff did not compensate the Plaintiff for damages equivalent to KRW 50 million, excluding KRW 80,000,000,000,000,000 for the premium paid to Defendant B, which is equivalent to the paid trainees, out of KRW 130,000,000,000,000 for the premium paid to Defendant B. Thus, Defendant B is obligated to pay the Plaintiff compensation for damages and delay damages.
B. In light of the facts without dispute over judgment, Gap evidence Nos. 1, 2, 4, and 5 (including each number), the entire purport of the pleadings, as a whole: ① on May 31, 2016, defendant Eul entered into a contract to transfer the instant Taekwondo hall facilities and business rights to the plaintiff (i.e., the lease deposit of KRW 20 million) (i., the lease deposit of KRW 130 million) (hereinafter the “transfer contract of this case”); ② the contract deposit of KRW 35 million out of the transfer deposit of KRW 150 million, the remainder payment of KRW 150 million, and the payment of KRW 100 million to the plaintiff on June 15, 2016; ③ the remainder payment of KRW 150 million to the plaintiff on June 15, 2016; and ④ the Plaintiff paid the remainder to the plaintiff by June 15, 2016. < Amended by Presidential Decree No. 27270, Jun. 15, 2016>
However, the burden of proof for the debtor's non-performance of obligation is borne by the creditor who asserts it, and the evidence of evidence Nos. 3, 7, 9, 10, 11, 12, 13 and the witness G of the first instance court.