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1. Of the judgment of the court of first instance, the part against the defendant (appointed party) exceeding the amount ordered to be paid below.
Reasons
1. Basic facts
A. The Plaintiff is a person who operated the so-called “E” and the so-called “E” store in Gyeonglbuk-gun D (hereinafter “instant store”).
B. On February 16, 2015, the Defendant agreed to receive the instant store from the Plaintiff along with the selector, and paid KRW 10 million to the Plaintiff on the same day on the same day.
C. On February 17, 2015, the Defendant and the selector prepared and delivered a premium agreement in attached Form 15 million won (hereinafter “instant contract”) to the Plaintiff, stating that the premium is KRW 15 million.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 16, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition, the Defendant and the selected jointly and severally are liable to pay the Plaintiff the amount of five million won premium payable to the Plaintiff and the delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from October 17, 2015 to July 26, 2017, which is the date of the final delivery of the certified copy of the instant performance recommendation decision, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
(Partial Dismissal of Claim for Damages for Delay)
1) Determination as to the Defendant’s assertion
) The agreed premium between the parties is not KRW 15 million, but KRW 10 million, and the Defendant has paid all the premium, and there is no obligation to pay the remainder of KRW 5 million. The fact that the Plaintiff stated that the premium is KRW 15 million in the instant contract is KRW 15 million in monthly sales, and the Plaintiff would reverse the instant contract and return the premium if it falls short of the amount, and if it is again transferred the instant store to another person, it is formally written in order to ensure that the premium is KRW 15 million in advance (the Defendant agreed to pay the premium in the first instance trial).