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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. The Defendants leased the above building from the lessor of the building located in Nam-gu, Daegu-gu, and operated the “E” restaurant (hereinafter “instant restaurant”). On May 28, 2016, the Defendants leased approximately KRW 10,000,000, monthly rent of KRW 600,000, and the lease term of KRW 24 months with the renewal of the existing lease agreement.
B. During the period when the Plaintiff’s mother was hospitalized at a nearby hospital in the instant restaurant, the Plaintiff became aware of the Defendants while taking out meals in the instant restaurant. On December 5, 2017, the Plaintiff concluded a premium contract with the intent to take over and operate the instant restaurant and agreed to take over the facilities, lodging and cooking method, etc. of the instant restaurant from the Defendants, and paid KRW 1,00,000 as down payment to the Defendants. On February 5, 2018, the Plaintiff paid KRW 1,000,000 as down payment to the Defendants.
C. Since the payment of down payment as above, the Plaintiff confirmed the business status by visiting the instant restaurant, identifying the sales size, etc. From February 2018, the Plaintiff received 16 items of the instant restaurant, including the cooking method and the land sampling method, etc. from the Defendants, and gave advice on the operation of the restaurant.
On February 26, 2018, when paying KRW 10,000,00 to the Defendants as part payments, the Plaintiff: (a) determined the total amount of premium at KRW 27,000,000; (b) confirmed that the Defendants paid KRW 12,00,000 in total as part payments and part payments by the due date; and (c) drafted a written contract to pay KRW 10,000,000 out of the remainder on March 12, 2018, and the remainder of KRW 5,00,000 out of the remainder on April 2, 2018.
(hereinafter referred to as “instant premium contract”). E.
The Plaintiff’s remainder of KRW 5,00,000, out of the remainder on February 28, 2018, which is before the remainder payment date stipulated in the instant premium agreement, and the remainder on March 12, 2018, out of the remainder 10,000.