The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On May 13, 2017, the Plaintiff leased from C Co., Ltd. a shopping mall E (hereinafter “instant subparagraph E”) of the building shop in Busanbuk-gu, Busan, and thereafter, operated the F laundry (hereinafter “instant laundry”) in the instant subparagraph E from around that time.

B. Around January 2019, the Plaintiff and the Defendant entered into a contract for the transfer of business (hereinafter “instant contract for the transfer of business”) with the Defendant to pay KRW 20 million of the transfer price of KRW 10 million out of the transfer price of KRW 20 million until January 26, 2019, and the remainder KRW 10 million until June 30, 2019 (hereinafter “instant contract for the transfer of business”).

C. According to the instant contract for the transfer of business, the Defendant concluded a lease agreement with C Co., Ltd. on January 25, 2019, and paid KRW 10 million to the Plaintiff on January 26, 2019, but did not pay the remainder of KRW 10 million for the transfer of business until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the remaining transfer price of KRW 10 million under the instant contract for the transfer of business, and the damages for delay from July 1, 2019, which is the day following the agreed payment date.

Furthermore, the Plaintiff claimed damages for delay from the next day of the delivery date of the copy of the complaint of this case on the ground that the benefit of the remaining transfer price was lost. However, as seen earlier, the payment period for the remaining transfer price of KRW 10,000,000 under the contract of this case was until June 30, 2019, the Plaintiff and the Defendant agreed on loss of benefit under the contract of transfer of business, and the Defendant lost the benefit of the remaining transfer price in violation of the above agreement.