약정금
1. The Defendant’s KRW 81,100,000 as well as the annual rate of KRW 5% from January 21, 2017 to September 7, 2017 to the Plaintiff.
1. Under the overall purport of evidence Nos. 1, 2, 4, and 7, the Plaintiff leased a space of Eunpyeong-gu Seoul from around August 2009 to around May 25, 2009, and operated an “E” restaurant (hereinafter referred to as the “E restaurant”), the Defendant worked as an employee of the instant restaurant from October 2009 to May 201, and the Plaintiff was transferred the instant restaurant’s goodwill from the Plaintiff (hereinafter referred to as the “instant contract”).
2. Determination as to the cause of action
A. Plaintiff’s assertion 1) around May 17, 2015, the Plaintiff transferred the instant restaurant’s business license to the Defendant. In this case, the transfer proceeds was set at KRW 330,000,000, and the amount is the sum of KRW 110,000,000,000 for the lease agreement with C on the instant restaurant and KRW 220,000 for the instant restaurant. The Defendant shall operate the instant restaurant by changing the lessee’s name and the business operator’s name on the instant restaurant, and the Defendant agreed to monthly distribute KRW 10,00,000 out of the profits of the instant restaurant to the Plaintiff under a contract for the instant restaurant until all the transfer proceeds are paid (hereinafter “Plaintiff’s assertion that the Plaintiff would have agreed to receive KRW 10,00,000 for the profits of the instant restaurant from the Defendant”).
(2) The Defendant paid KRW 40,000,000 to the Plaintiff out of the transfer proceeds of the instant transfer contract, and acquired KRW 30,000,000 to the Plaintiff’s transaction partners.
Therefore, the defendant is liable to pay the transfer price of this case 260,000,000 won and damages for delay.
3 In accordance with the agreement by the Plaintiff’s assertion, the Defendant paid KRW 10,000,000 per month to the Plaintiff from June 2015 to October 2016, and KRW 8,00,000 as of November 2016.