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1. The Defendant’s KRW 1,649,085 as well as the Plaintiff’s KRW 5% per annum from February 21, 2018 to June 21, 2018.
Reasons
Basic Facts
The Defendant is a person who operated a restaurant in the name of “D stores” (hereinafter “instant restaurant”), and the Plaintiff is a transferee of the instant restaurant as follows, and E is an employee from April 2015 to the instant restaurant, and the Plaintiff was operating the instant restaurant after the Plaintiff acquired the instant restaurant.
The down payment amount of KRW 20,000: The intermediate payment of KRW 145,00,000 on the date of conclusion of the contract: The remainder of KRW 30,000,000 within one month after the contract is concluded: The date of operation of the restaurant within three months after the contract is made: The defendant shall support and cooperate in all the affairs of the restaurant, such as the business takeover (three months) from the date of the intermediate payment to the time of payment of the balance so that the plaintiff can smoothly operate the restaurant.
On June 1, 2015, the Defendant concluded a contract under which the Plaintiff would take over the business of the instant restaurant operated by the Defendant at KRW 195,00,000 (including KRW 50,000 on a deposit basis) (including KRW 50,000 on a deposit basis), as follows:
(hereinafter “instant contract”). On June 1, 2015, the Plaintiff and E invested in the restaurant acquisition fund, and the restaurant operation is in charge of E, and E received fixed benefits each month, and income from which the guards are deducted shall be paid to the Plaintiff. However, if monthly income exceeds KRW 10,00,00,000, the excess amount should be distributed to 1:1.
The Plaintiff paid the Defendant the down payment of KRW 20,000,000 on the date of the instant contract, and paid the intermediate payment of KRW 145,000,000 on June 30, 2015.
Since July 1, 2015, E had registered its business under its name and operated the instant restaurant.
The Defendant filed a lawsuit seeking payment of the remainder KRW 30,000,000 under the instant contract. The Plaintiff revoked the instant contract and paid down payment and intermediate payment 165, on the ground that the Defendant did not perform his/her duty to support and cooperate in all the restaurant operations, including the business takeover system, for three months.