위약금
1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
O's purport:
1. (1) Around November 2014, the Defendant entered into a contract with Nonparty D to jointly operate the instant medical care center, which is the founder of the Cmedical care center located in Ansan-si (hereinafter “the instant medical care center”). (A) According to the said contract, the Defendant and the Defendant, without the agreement between the Defendant and D, assigned all or part of the rights to the instant medical care center to a third party, or entrusted or mortgaged the instant medical care center to a third party, without having to intervene in the operation of the instant medical care center; and (b) under the said contract, D paid part of the monthly revenues to D; and (c) without having to intervene in the operation of the instant medical care center.
(2) The Defendant operated the instant medical care center through the head of the facility employed by him/her, and the Plaintiff became the head of the facility via E, F, and G.
(3) When the Defendant took over H located near the instant medical care center on or around the end of December 2015, the Defendant, without D’s consent, transferred the instant medical care center’s facilities and operating rights to KRW 123 million to the Plaintiff on January 18, 2016 (hereinafter “instant contract”), the down payment of KRW 23 million on the date of the contract, and the intermediate payment of KRW 70 million on January 25, 2016, the remainder amount of KRW 30 million was paid on March 1, 2016.
(A) In addition to the transfer price, the Defendant leased the instant building to the Plaintiff at KRW 150 million, monthly rent of KRW 8.8 million. Accordingly, the Plaintiff paid the Defendant the sum of the down payment and the intermediate payment to the Defendant.
(4) According to the instant contract, ① the Defendant, by February 1, 2016, shall create a state in which the Plaintiff can exercise the right to the instant medical care center by the date of delivery of the building (Article 2), and ② If the transferor or transferee fails to perform the contract, the other party may cancel the contract after giving written notice to the defaulted person, and claim damages therefrom. The amount of damages shall be paid.