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1. The Defendant’s KRW 21,00,000 and the Plaintiff’s annual rate of KRW 6% from April 12, 2015 to June 12, 2015.
Reasons
Comprehensively taking account of the respective descriptions and arguments in Gap 1 and 3, while operating a restaurant under the trade name of "D" in subparagraph 104 of the Gangdong-gu Seoul Metropolitan Government Building C, the plaintiff may recognize the fact that the plaintiff transferred the whole of the "D" restaurant business to the defendant around January 2014 and the premium of KRW 30 million.
Meanwhile, inasmuch as the Plaintiff is a person who has received KRW 9 million among the above premium, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining premium of KRW 21 million and damages for delay calculated at the rate of 6% per annum under the Commercial Act from April 12, 2015, which is the day following the delivery date of a copy of the complaint of this case, to June 12, 2015, which is the day when the Defendant rendered the instant decision, and from June 12, 2015, which is the day when the instant decision is rendered, to the day when the payment is fully made.
Although the Plaintiff asserts that the premium not paid by the Defendant is KRW 22 million, even if based on the Plaintiff’s assertion, it is obvious that the unpaid premium is KRW 21 million (=30 million - 9 million) in calculation. Therefore, the part exceeding the above KRW 21 million cannot be accepted.
Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as there is no ground.