1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff leased the real estate indicated in the attached list (hereinafter “instant real estate”) and operated “F”, and the Defendant is a person who entered into a business transfer agreement with the Plaintiff with respect to the instant real estate.

B. On March 9, 2017, while the Plaintiff leased the instant real estate and operated food business in the name of “F”, the Plaintiff entered into a business transfer and takeover agreement with the Defendant (hereinafter “instant agreement”).

The main contents of the instant contract are as follows.

Although the transferor and the transferee of the instant contract stipulate that the transferee of the instant contract is “E” as the Defendant’s child, there is no dispute between the Plaintiff and the Defendant that the instant contract was concluded between the Plaintiff and the Defendant.

The term "F" is a contract to acquire all rights to the business and facilities of a business entity (business license).

2.Article 1 of the terms and conditions of the contract will pay to the transferor the business rights to the foregoing company as follows:

The transferor transfers the name of the company to the transferee at the time of the payment of the intermediate payment, but the transfer of ownership is deemed to have been reserved until the full payment of the balance, subject to the full payment of the purchase price.

The contract may be rescinded in principle where the transferee fails to pay any balance of transfer and acquisition expenses that the transferee has paid to the transferor on July 28, 2017, the total amount of 87,000,000 won for the installment payment of 20,000 won for the down payment on July 28, 2017, the intermediate payment of 30,000,000 won for the intermediate payment of 37,000 won for the remainder payment of 37,000,000 won for the remainder payment on May 28, 2017, and the amount equivalent to the down payment that the transferor has paid to the transferor before the cancellation shall be a penalty for breach of principle.

Article 14 Section 13 of the Act shall be paid by the transferor to the transferee the amount double the down payment when the contract is terminated, and the transferee becomes null and void when the contract is terminated, and the transferor shall not return the down payment to the transferee.