손해배상(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 1, 2013, the Plaintiff entered into a contract with the Defendant, under which the Plaintiff would transfer the premium, facilities, and fixtures (excluding two ice shock cases, freezings, and freezings) of the Plaintiff’s stores located in Busan Shipping Daegu, Daegu (hereinafter “instant store”) located in the Plaintiff’s operation to the Defendant for KRW 32 million (hereinafter “instant contract”).
B. Accordingly, the Defendant paid to the Plaintiff KRW 30 million in total, including the down payment of KRW 10 million on November 4, 2013 and KRW 20 million on November 22, 2013.
C. Since then, the Plaintiff and the Defendant had a dispute as to the Plaintiff’s arbitrary sale of part of the equipment in the instant store and the ice melting of ice cream. However, in the process of paying the remainder of KRW 2 million on November 27, 2013 of the instant contract, there was a dispute over the ice cream recorded in the instant store.
Accordingly, the defendant sent a mobile phone text message to the plaintiff that "to cancel the contract of this case on the ground of the plaintiff's breach of contract," and the plaintiff sent a mobile phone text message to the defendant that "to return the remaining amount after subtracting 10% of the contract amount of this case."
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 11, Eul evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (principal claim) 1 rescinded the Defendant’s nonperformance of the obligation to pay the remainder, and the Defendant shall compensate the Plaintiff for the remainder amounting to KRW 2 million due to the Plaintiff’s nonperformance of obligation.
In addition, the Plaintiff paid the lessor the annual rent of KRW 24 million under the instant store’s lease agreement. If the Defendant paid the remainder to the Plaintiff and concluded a new lease agreement on the instant store, the Plaintiff shall be four months from November 27, 2013 to March 27, 2014, which is the remainder of the remainder of the prepaid rent.