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1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with the amount of KRW 598,307.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On April 26, 2012, the Defendant leased 200,000,000 leased the 3 and 4th floor of the instant building (hereinafter referred to as the “instant building”) with wife, and operated a private teaching institute (hereinafter referred to as the “private teaching institute of this case”) with the name of D Driving Schools, E language Private Teaching Institutes, F Reading Offices, and G, and entered into a partnership agreement with the Plaintiff (hereinafter referred to as the “instant partnership agreement”).
The Plaintiff and the Defendant shall jointly operate the instant private teaching institute and its ancillary facilities from May 1, 2012.
1. The name of the private teaching institute and its ancillary facilities in this case may be designated under the agreement;
Even if the name is another person, the operating authority is limited to the plaintiff and the defendant.
2. The lease deposit and the cost of investment in facilities shall be 50% each; and
The lease deposit shall be KRW 100,000,000, and the facility investment expenses shall be KRW 90,000,000, respectively.
3. Rights and duties;
- all rights and obligations relating to the lease of a building (including restoration to the original state to the third and fourth floor) shall be 50 per cent;
-all the operating costs shall be fifty per cent.
- 50 per cent of pure revenue, excluding operating expenses (all expenses related to facility renovation, re-investment, employees-related expenses, taxes, etc.).
5. The instant East Business Agreement (Evidence A) between the Defendant and H states that the lessor’s name was wrong as “I”.
A contract with the owner of a building shall be entered into with the E language Private Teaching Institutes contracted as H among KRW 200,000,000 under a contract with the owner of the building, KRW 100,000,000 of the rental deposit for G, as of December 1, 2012.
Considering the depreciation of KRW 225,00,000,000 for facility costs (including franchise expenses, office fixtures, etc.), the facility cost of KRW 90,000 shall be considered to be KRW 180,000,000 and the plaintiff shall pay to the defendant together with the pledge.
(H) EFH(including EFI and G). The payment method shall be in accordance with paragraph 6.
6. Payment method and preferential facility costs of KRW 90,000,000 as down payment of KRW 50,000,000 shall be paid on April 26, 2012.
The intermediate payment of KRW 10,000,000 shall be paid until May 26, 2012, and the remainder of KRW 30,000,000 shall be paid.