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1. The Defendant’s KRW 74,774,357 for the Plaintiff and KRW 5% per annum from May 5, 2015 to June 22, 2016.
Reasons
1. Basic facts
A. On April 18, 2014, the Defendant: (a) leased a store in the D Hotel Underground Employees cafeteria (hereinafter “instant store”) located under C (hereinafter “C”), with the rental deposit deposit amounting to KRW 5,000,000; (b) monthly rent of KRW 540,000; and (c) the term of lease “from May 1, 2014 to April 30, 2017”.
(hereinafter “instant store lease agreement”). Article 25 of the instant store lease agreement provides for “where the contractor and the actual operator are different” as the grounds for termination of the contract.
B. On April 21, 2014, the Plaintiff entered into a business transfer agreement with the Defendant on the instant store, and “the instant business transfer agreement” (hereinafter referred to as “instant business transfer agreement”).
The details are as follows. Of the total amount of KRW 38,00,000 (including deposit, KRW 5,000,000,000) of KRW 38,000,000 including security deposit, KRW 12,000,000 ( KRW 12,000,000), the remainder shall be received (26,000,000,000 out of the remainder).
Article 1) The defendant promises the plaintiff to transfer all rights to the right to the entrusted operation of a store for employees in a D-cafeteria to the plaintiff, and consent to the plaintiff. <1> The defendant's goodwill to the entrusted operation of a store for employees in the D-cafeteria. <2> The defendant's right to the entrusted operation of a Kapetia stipulated in the contract for entrusted operation under Article 2 of the defendant's mutual rights within the contract for entrusted operation under the contract for the above business.
(2) Article 3 of the Act provides that the Defendant shall order the Plaintiff to have the right under Article 1 until May 15, 2014 and shall simultaneously complete the procedures for business succession by delivering the operation contract and the documents.
The defendant shall provide the lessor with a written consent, etc. so that the lessor can make business registration necessary for the transfer of business with the approval of the lessor in the employee store lease contract.