약정금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 3,379,810 as well as to the plaintiff on October 2018.
1. Facts of recognition;
A. The Plaintiff operated a restaurant (hereinafter “instant restaurant”) in the name of “E” in the name of “E” in the Ysan-gu C Ground Commercial Building D in Jeonju-si, Jeonju-si.
The plaintiff and the transferee, who are the former business owner of the mutual performance letter, shall mutually perform the following contents, and shall prepare a written performance statement:
1. The Plaintiff’s previous place of business, which the Plaintiff had operated, shall be sold and transferred to the Defendant, and the Plaintiff’s investor who invested KRW 80 million, refers to the Defendant who purchased and sold the place of business as the contractor.
2. The plaintiff takes over his place of business to the defendant and simultaneously concludes a new contract with the owner of the building.
3. The defendant shall pay 2.5 million won per month to the plaintiff, and where the defendant waives his/her business for a significant reason, he/she shall return the amount of KRW 80 million that the plaintiff received at the time of the contract to the defendant.
Provided, That where the defendant takes over the business, the defendant shall take over the business on the condition that the lease contract between the plaintiff and the building week is renewed.
B. Around July 2016, the Defendant decided to take over the instant restaurant in total of KRW 160 million and premium of KRW 50 million from the Plaintiff, but does not have to pay more than KRW 80 million. As such, on July 31, 2016, the Defendant drafted a letter of performance as follows with the Plaintiff on July 31, 2016:
(hereinafter referred to as the “instant contract” or “instant letter,” as the context requires.
The Defendant paid KRW 80 million to the Plaintiff according to the instant contract, and independently operated the instant restaurant, and paid KRW 2.5 million per month to the Plaintiff from August 2016 to September 2017 (hereinafter “instant agreement”). D.
The Defendant requested the Plaintiff to reduce the instant agreed amount on the ground of the instant restaurant’s operating profit reduction around October 2017, but rejected it by the Plaintiff, and around December 2017, the instant agreement was rejected by the Plaintiff.