A. 1) On July 17, 2015, the Plaintiff entered into a lease agreement, etc. with Defendant B (hereinafter “instant retail store”) located in the Daegu Suwon-gu D (1st floor) (hereinafter “instant retail store”).

2) The Plaintiff entered into a contract with Defendant B to transfer its operating rights as follows (hereinafter “instant transfer contract”).

1) - Lease deposit - 50,000,000 won - Premiums: 45,000,000 won - Costs for goods in marina: 41,004,571 won - Payment period: 50,000 won when entering into a contract, and 30,000,000 won until July 20, 2015; and 20,000,000 won until July 31, 2015; and 30,000,00 won until August 30, 2015; and 30,000 won until August 30, 2015; and Defendant C provided joint and several sureties with respect to Defendant B’s obligation to the Plaintiff related to the instant transfer contract.

B. Defendant B paid the transfer price of KRW 98,000,000 out of the total amount of KRW 136,004,571 of the contract price under the transfer contract of this case, but did not pay the remainder of KRW 38,004,571.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3, and 4, the purport of the whole pleadings

2. According to the facts found as above, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder amount of KRW 38,004,571 of the contract for the transfer of this case and damages for delay calculated at the rate of 15% per annum from November 19, 2015 to the day of full payment, as claimed by the Plaintiff, following the due date for payment of the remainder amount of the contract for the transfer of this case.

3. Judgment on the defendants' assertion

A. The Defendants’ assertion 1) Since premium is calculated excessively on the wind prepared in exaggeration of the sales data of the retail store of this case, the amount equivalent to the premium should be reduced. 2) The amount equivalent to the premium should be reduced. 2) Since the amount equivalent to the repair cost was paid in 2.5 million won due to the breakdown in the cooling machine installed at the retail store of this case due to the breakdown in the cooling machine installed at the retail store of this case,

3. Customers among the inventory goods of the retail store of this case.