Text
1. The Defendant’s KRW 70,000,000, and the Plaintiff’s annual interest from November 18, 2014 to April 19, 2016.
Reasons
1. Basic facts
A. (1) The Defendant entered into a contract for acquisition of rights with Nonparty C Co., Ltd. (hereinafter “C”), and entered into a lease contract with Nonparty C Co., Ltd. (hereinafter “C”), with respect to the part falling under the exclusive use area of 9.17 square meters and the area of 9.17 square meters of public use area of 9.17 square meters (hereinafter “the instant store”) on the nine-story-si, Seoyang-si, Seoyang-si, Seoul, with the lease term from December 15, 201 to October 31, 2014, the lease term was from December 15, 201 to October 31, 201, the lease deposit was KRW 10 million, the lease deposit was KRW 2,900,000, and the monthly rent was operated directly at the said store.
(2) On December 24, 2013, the Plaintiff entered into a contract with the Defendant for acquisition of rights (hereinafter “instant contract”) with respect to the instant store by transfer, including the right to operate the instant store.
B. (1) With respect to the terms and conditions of the payment of premiums under the instant contract, the terms and conditions of the payment of premiums set forth in a special agreement between the Plaintiff and the Defendant are as follows.
The methods and methods of paying premiums to the transferor of 7l transferee are as follows:
Premiums under a contract for the transfer and acquisition of rights shall be KRW 200,000,000.
Provided, That from the date of concluding a contract to October 31, 2014, KRW 130,000,000 shall be paid for the period from October 31, 201, and the remainder of KRW 70,000 on November 1, 2014 shall be paid in installments.
(b)
C. The remainder of KRW 70,000,000 shall be paid after the preparation of a new lease agreement between a transferee and a lessor and the replacement of a transferee in the name of a transferee after November 1, 2014.
(Conditional Payment) (2) On the other hand, the Plaintiff is able to operate the instant store until the Plaintiff entered into a new lease agreement with C, and the Plaintiff and the Defendant jointly cooperate with the business operator of the “E” operated by the instant store until October 31, 2014, and the Defendant decided not to assert the shares.
Meanwhile, the Defendant paid 2.5 million won to the Plaintiff in addition to the goods siren security deposit.
C. A lease agreement between the Defendant and C is concluded between (1) payment of KRW 70,000,000 to the renewal of a lease agreement and the preparation of a letter of commitment.