약정금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 484,837,483 as well as KRW 94,491,053 as to the Plaintiff. < Amended by Presidential Decree No. 2429, Nov. 15, 2013>
1. Basic facts
A. On June 2012, the Plaintiff sub-leaseed Defendant C, E, and F with an entertainment drinking house located in the 1-3rd underground of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant store”). On September 2012, the Plaintiff entered into a contract on the transfer of business rights, including the right to lease of the instant store, to Defendant C, E, and F on behalf of the said sub-lease (hereinafter “previous business right transfer contract”). At the time of the said sub-lease and transfer of business rights, the name of the instant store business license was changed to F’s name under the name of F’s female job offering H.
B. The Plaintiff, Defendant C, E, and F rescinded the previous business license transfer agreement around January and February 2013.
C. In other words, on June 24, 2013, the Plaintiff entered into a contract to transfer the business right, including the right to lease and the business license, to the Defendants (hereinafter “instant business right transfer contract”) at KRW 1,00,000,000 (hereinafter “instant business right transfer contract”). The instant store delivered at the time of entering into the said contract, and the down payment of KRW 300,000,000 upon entering into the said contract, the intermediate payment of KRW 200,000,000, the remainder payment of KRW 50,000 on July 26, 2013, and the monthly payment of KRW 40,000,000 after the date of the said intermediate payment payment. The name of the business license for the instant store was changed to one of the Defendants, so that it can carry on the said intermediate payment and the remainder payment of KRW 2.5%,00,000, and was registered as the joint name of the Plaintiff or the Plaintiff designated by the Plaintiff.
On June 24, 2013, the Plaintiff received down payment of KRW 300,000,000 from the Defendants, and delivered the instant store to the Defendants. Defendant D reported succession to the status of the business operator on August 29, 2013, and changed the business license name of the instant store from H to Defendant D from H. Since then, the Plaintiff received KRW 100,000,000 from the Defendants’ intermediate payment.
E. The Defendants are obligated to transfer the above goodwill to the Plaintiff.