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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On May 8, 2014, Defendant C agreed to lease (hereinafter “instant lease agreement”) KRW 245.7 square meters on the second floor among the buildings located in the Seoul Special Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Cheongju, with the lease deposit amount of KRW 50 million from May 8, 2014 to May 7, 2019, and KRW 2.5 million from May 8, 2019, and the monthly rent of KRW 2.5 million (hereinafter “instant lease agreement”). Defendant C, D, and E operated “G Cheongju Office” (hereinafter “instant store”).
B. On January 17, 2016, the Plaintiff entered into a business transfer agreement with Defendant C to acquire the business of the instant store in KRW 300 million (hereinafter “instant transfer agreement”). The method of payment of the transfer price stipulated in the instant transfer agreement is as follows.
1) A down payment of KRW 70 million, out of KRW 150 million, shall be paid up to January 17, 2016, and the remainder of KRW 80 million shall be paid up to January 25, 2016, respectively. 2) The part payments of KRW 50 million shall be paid up to January 15, 2017, on the condition that the Plaintiff succeeds to the lessee status under the instant lease agreement, thereby devolving the Plaintiff’s claim for the return of the lease deposit, and the Plaintiff shall be paid monthly payment until the succession to the lessee status is made.
3 The balance of KRW 100,000 shall be paid in 2.5 million each month for 36 months from March 25, 2016.
C. On January 17, 2016, the Plaintiff remitted to Defendant C the instant amount of KRW 30 million as down payment under the instant transfer contract, KRW 40 million on January 18, 2016, KRW 30 million on January 19, 2016, KRW 50 million on January 29, 2016, and KRW 50 million on January 29, 2016, and around that time, the Plaintiff received delivery of the instant store from Defendant C.
According to an agreement that the Plaintiff assumes as the monthly rent under the instant lease agreement, the Plaintiff paid KRW 2.5 million for February 23, 2016, and KRW 2.5 million for March 23, 2016, to Defendant C, but only KRW 1.33 million out of the rent for April 26, 2016, was paid on or around May 4, 2016.
(e) D, D.