beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On June 2014, the Plaintiff: (a) requested D, an employee of the Round Business Co., Ltd., which operates a siren to introduce a store to take over a restaurant; and (b) was introduced by D with C stores operated by the Defendant (hereinafter “instant store”).
(2) On June 25, 2014, D sent a text message to the Plaintiff, stating that “C’s average monthly sales are KRW 31 million, and profits are KRW 7 million.” 2) On July 1, 2014, the Plaintiff: (a) purchased the instant store’s goodwill from the Defendant for the premium of KRW 84 million; and (b) on July 1, 2014, the Plaintiff agreed to pay KRW 5 million to the Defendant each of the contract date, intermediate payment, KRW 37 million, out of the premium of KRW 84 million; and (c) paid the down payment of KRW 42 million to the Defendant in accordance with the said agreement.
3. The terms and conditions of the lease contract for the object to be transferred or acquired are 2,607,00 won monthly rent of KRW 2,607,000 for management expenses of KRW 3,302,00 for the lease contract period from December 7, 2012 to December 6, 2017, the transferee shall consult with the transferor and the transferee on the date when the lease deposit is due and the date when the lease contract is concluded, and if no agreement is reached, it shall be the remainder date of the contract for the transfer or acquisition of an enterprise;
Article 2 The lease period between the lessor and the transferee shall be the remainder of the lease period, and if the rent is increased, the transferor shall pay or assume the responsibility during the contract period.
Provided, That if the lease period is the remainder, the remainder means the remainder leased by the transferor.
Article 3. The transferor shall endeavor to enter into a lease contract with the transferee and the lessor to the maximum extent possible, and if the lease contract is not concluded due to the problems of the lessor, the part payment shall also be made.