1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a person who operated a private teaching institute under the trade name of “E” by leasing No. 401 (hereinafter “instant private teaching institute”).

B. On September 2, 2015, the Plaintiff entered into a contract on the transfer of the right to receive premium of KRW 5,500,000 in return for succeeding to the instant private teaching institute (hereinafter “instant contract”) with the Defendant, which stipulates that the Plaintiff is responsible for entering into a lease agreement between C and the Defendant.

C. On the same day, the Plaintiff received KRW 2,000,000 as the down payment from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant newly entered into a lease agreement on the private teaching institute of this case with C and continues to possess and operate the private teaching institute of this case. Thus, the defendant is obligated to pay the plaintiff the remainder of the premium of this case 3,500,000 won and delay damages.

B. Until August 15, 2015, the Defendant’s assertion that the Plaintiff entered into the instant contract for the transfer of right without notifying the Defendant, even though it had already been agreed upon with C by ordering the pertinent private teaching institute to clarify it, and that the instant contract will be terminated by refusing to enter into a lease agreement with the Defendant introduced by C.

Accordingly, the Plaintiff, Defendant, and C received the remainder of the premium to be received by the Plaintiff on behalf of the Plaintiff, and C agreed to enter into a lease agreement with the Defendant, and the Defendant paid KRW 3,500,000 to C according to the above agreement, and there is no reason to pay the remainder of the premium to the Plaintiff.

3. Facts of recognition;

A. On June 15, 2006, the Plaintiff leased the instant private teaching institute from C, and thereafter, the lease agreement was paid KRW 10,000,000 on August 15, 201, and KRW 900,000 on the last day of each rent month.