약정금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. Basic facts
A. The Plaintiff is a person who operated a childcare center in the above apartment site (hereinafter “instant childcare center”) by leasing the C apartment unit D from E, the owner thereof.
B. On October 31, 2016, the Plaintiff agreed to transfer the instant childcare center to the Defendant (hereinafter “instant transfer agreement”). According to the said transfer agreement, the Defendant concluded on December 2, 2016, with the Plaintiff KRW 15 million for the instant childcare center, and on April 1, 2017, the said transfer agreement.
The apartment rental deposit amount of KRW 30 million as stated in the paragraph was paid separately.
C. On November 25, 2016, the Plaintiff and the Defendant entered into an additional agreement on the operation of the instant childcare center by February 28, 2017, and on December 19, 2016, to pay the Defendant KRW 15 million premium (hereinafter “instant additional agreement”).
The Defendant paid each of the Plaintiff KRW 15 million on December 19, 2016, and KRW 15 million on April 1, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 8 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. According to the instant transfer agreement, the Defendant is liable to pay the Plaintiff a total of KRW 45 million (i.e., deposit KRW 15 million). The Defendant only paid KRW 30 million on the ground that the said child care center did not have any single birth, at the time of actual acquisition of the child care center of this case. The Defendant did not pay the remainder of KRW 15 million (hereinafter “the instant payment”).
B. In addition, according to the instant transfer agreement and the instant additional agreement, the Plaintiff has the authority to operate the instant childcare center by February 28, 2017, and thereafter, the Defendant operated the said childcare center, and the Defendant paid childcare fees to the Plaintiff on February 2, 2017, which was paid by the competent authority after March 2017. The Defendant paid childcare fees of KRW 3,339,738 = the said childcare fees of KRW 2,632,707, the said childcare fees of KRW 707,031.