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1. The judgment of the first instance, including the ancillary claim added by the appellate court, shall be modified as follows:
(a)..
Reasons
1. The court's explanation on this part of the basic facts is identical to the pertinent part of the reasoning of the judgment of the first instance, and thus, it is citing it by the main text of Article 420 of the Civil Procedure Act.
2. Judgment as to the main claim
A. According to the instant premium contract by the Plaintiffs, the Defendant is obligated to provide the Plaintiffs with data such as the Defendant’s customer, transaction details, etc. by October 19, 2017, and share them with the Plaintiffs, and to not conduct business on the first floor of Gangnam-gu Seoul Metropolitan Government H as it is.
Nevertheless, the defendant did not provide the plaintiffs with the details of the transaction, and operated an authorized broker office in the same trade name as the relocation from about 70 meters away from the 1st floor of the side building after the conclusion of the premium contract of this case.
As such, the defendant violated the premium contract of this case, and the plaintiffs cancelled the premium contract of this case on this ground.
Therefore, the defendant is obligated to restore to the plaintiffs, and the defendant is obligated to pay to the plaintiffs Eul the remainder of 45,000,000 won calculated by subtracting the costs of the store of this case used by the plaintiffs from the costs of the store of this case among the premiums paid by the plaintiffs.
B. (1) Determination 1) The amount of money paid as a result of the lease of a commercial building is the transfer of intangible property value, such as a tangible object, such as business facilities and equipment of the commercial building, or the transfer of property value, such as a business interest, due to the location of the store, or the use for a certain period.
The premium contract to be entered into as a result of the lease transfer contract is a separate contract that is different from the lease transfer contract, but in light of the developments leading up to the conclusion of the above two contracts and the contents of the contract, the premium contract is combined with the lease transfer contract, making the whole economic and factual integration, and without any existence, the parties would have not expressed any other intent.