약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The assertion;
A. The Plaintiff asserts that, while handing over the Cdong-gu and Jung-gu coffee agency to the Defendant, the Defendant is obligated to pay the Plaintiff the outstanding amount of transaction partner accounts, 6,201,608 won and damages for delay, as the said coffee agency transferred to the Defendant the outstanding amount and inventory of transaction customers not paid by each transaction partner until that time, and the Defendant agreed to pay the amount corresponding thereto to the Plaintiff (hereinafter “instant agreement”).
B. As to this, the Defendant asserts that there was no agreement between the Plaintiff and the Plaintiff, and that even if it is acknowledged that the agreement was made, the Defendant agreed to rescind the instant agreement in the process of the transfer.
2. In full view of the statements in Gap evidence Nos. 1 through 9 and the purport of the witness D of the court of first instance as well as the entire testimony and arguments, the defendant may recognize the fact that on February 12, 2013, the defendant agreed to take over C Dong-gu and Jung-gu coffee agency from the plaintiff, and take over the amount of inventory equivalent to KRW 8,272,858 and KRW 7,000,000, which was not paid to the plaintiff by each customer until then, and shall pay the plaintiff the total amount of KRW 15,272,858.
However, the following circumstances, which are acknowledged by the statements in Gap evidence Nos. 8 through 10, and the purport of Gap's testimony and the entire argument as a witness D of the court of first instance, namely, the plaintiff brought the inventory goods that the plaintiff would hand over to the defendant under the agreement of this case, and the defendant reversed the agreement of this case. Unlike the agreement of this case, the plaintiff also claims against the defendant for the transaction partner's outstanding amount against the defendant and transferred it to the defendant (=2,071,250 won among the transaction partner's outstanding amount which the plaintiff claimed against the defendant and transferred to the defendant (=2,071,250 won). < Amended by Presidential Decree No. 2088, Jun. 1, 2000>