1. The defendant shall pay 50 million won to the plaintiff and 15% per annum from February 12, 2018 to the day of full payment.

1. Facts of recognition;

A. The Plaintiff was operating the F store of E Company on the first floor of the building located in Seo-gu Daejeon District Office D, Seo-gu, Daejeon (hereinafter “instant store”).

B. On April 8, 2017, the Plaintiff agreed with the Defendant to transfer the instant store to the Defendant with KRW 12 million, including deposit for lease deposit of KRW 50 million, premium of KRW 52 million, etc. (hereinafter “transfer of this case”).

C. On August 1, 2017, the Plaintiff received a lease deposit of KRW 50 million from the Defendant, and delivered the instant store to the Defendant.

The defendant is running a bread manufacturing business at the above store around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid premium of KRW 52 million among the transfer proceeds of this case 12 million, and the damages for delay.

B. The defendant's assertion and judgment (1) The defendant's argument that the premium should be reduced by asserting as follows.

At the time of the transfer of this case, the Plaintiff promised the Defendant to transfer the supply right of prison organizations bread to the Defendant, but in violation of this agreement, the Plaintiff suffered damages equivalent to KRW 9.60 thousand per

At the time of the transfer of this case, the Plaintiff promised to repair all the facilities and equipment installed in the store of this case, and in violation of this agreement, the Plaintiff suffered damages including 597,00 won for repair of air conditioners, 282,370 won for repair of coffee machines, 1.2 million won for replacement of hot water conditioners, and 200,000 won for repairing air conditioners.

30,000 won of the store of this case due to the plaintiff's unsound store management, a civil petition was filed to the effect that quibane was known in the bread sold at the time of the plaintiff's operation. Accordingly, the defendant suspended the business for a day and conducted disinfection and cleaning, and the defendant suffered a loss equivalent to 1.7 million won in the process.