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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 80,000,000 to the Defendant (Counterclaim Plaintiff) and to the Plaintiff, with full payment from November 26, 2016.
Reasons
1. Basic facts
A. Defendant B is a person who operated a store in the name of “F” (hereinafter “instant store”) by leasing the Korea Air Terminal Adong D and E from the Korea Air Terminal Co., Ltd. (hereinafter “Korea Air”), and Defendant C is a husband of Defendant B, who jointly operated the said store.
B. The Plaintiff heard talk about the instant store with G, a branch of Defendant C, and decided to take over the business of the said store after consultation with the Defendants.
Therefore, around December 29, 2015, the Plaintiff acquired the instant store at KRW 160,000,000 as premium, and around December 31, 2015, the Plaintiff entered into a premium agreement with Defendant B to pay KRW 80,000 to the remainder of KRW 80,000 until December 31, 2015, and paid KRW 80,000 to Defendant B at the lapse of 30 months from the date of completion of the approval permission granted by the Seoul Regional Aviation Administration or the date of acquisition of the store (hereinafter “instant premium agreement”). Around that time, the Plaintiff paid KRW 80,000 to Defendant B.
C. After that, on January 14, 2016, the Plaintiff entered into a lease agreement with the Korea Civil Aviation (hereinafter “Korea Civil Aviation”) to lease the instant store for two years.
In addition, around April 1, 2016, while operating the above store, the Seoul Regional Aviation Administration obtained the occupancy permit of the above store.
On the other hand, the lease agreement between Defendant B and Korea aviation included a clause that “The lessee may not claim the lessor or a third party for the premium, beneficial cost, and any other nominal compensation for the goodwill at the time of the termination or expiration of this contract (hereinafter “instant prohibition clause”). However, the lease agreement between the Plaintiff and Korea Aviation also includes the same content as the above contract form.
[Reasons for Recognition] Facts without dispute, entry of Gap's 5 through 8, 20, and 21 (including virtual numbers), fact-finding results of this court's inquiry into Seoul Regional Aviation Authority, and the purport of the whole pleadings.