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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 36,459,677 as well as the full payment from July 5, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 22, 2010, C: (a) the Defendant set the deposit amount of KRW 100 million; (b) monthly rent of KRW 700,000 (excluding value-added tax and the last day of each month); (c) March 31, 2010 to March 31, 2012 (hereinafter “instant lease”); and (d) at the time of the instant lease agreement, the term of the lease includes a special agreement stating that “the lease period shall be two years, but shall be guaranteed for five years.”
C operated the “EFA” in the instant commercial building.
B. C, upon renewal of the instant lease agreement on March 16, 2012, set a deposit of KRW 110 million, monthly rent of KRW 7.5 million (payment of value-added tax on the last day of each month), and the term of lease on March 31, 2014. However, around June 2012, upon establishing the Plaintiff corporation, C succeeded to the status of the lessee as stipulated in the instant lease agreement by changing the lessee from C to the Plaintiff on July 7, 2012.
C. On December 2013, F Co., Ltd. (hereinafter “F”) had the intent of the Plaintiff to take over all the facilities, etc. of EFA and to open the “direct store of FFA” in the instant commercial building. The Plaintiff’s representative director C demanded the Defendant to guarantee the transferee a five-year goodwill when the Plaintiff transfers the instant commercial building to the Defendant.
The Defendant accepted C’s proposal. Accordingly, on December 12, 2013, the Plaintiff transferred F and F the entirety of the equipment and status as a lessee stipulated in the instant lease agreement to F and F, and received KRW 250,000,000 from the purchase price. The Plaintiff is a paid student registered before February 15, 2014 in the said private teaching institute, and is additionally paid KRW 50,000 for each registered trainee as of March 14, 2013 (hereinafter “the instant contract for the sale of facilities”).