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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Defendant temporarily operated the beauty room of this case due to childbirth, etc. while operating “D” located in Nam-gu, Gwangju (hereinafter “the beauty room of this case”).
Accordingly, on November 29, 2017, the Defendant maintained the name of the proprietor of the beauty art room and the name of the proprietor of the instant case. The Plaintiff entered into a business takeover agreement with the content of operating the beauty art room from January 1, 2018 to December 31, 2018 (hereinafter “instant contract”). The main contents of the instant contract are as follows.
Article 1 (Subject Matter of Business Transfer) (1) All the physical facilities related to the beauty art rooms of this case as of the base date of business transfer ( January 1, 2018), and all the rights and obligations relating to the beauty art rooms of this case, shall be the object of business takeover.
However, all machinery, trip, etc. related to the cosmetic of this case shall be leased to the plaintiff by the defendant, and the above articles shall be returned to the defendant when the business takeover expires.
(2) At present, the beauty art room of this case confirms that the monthly rent of KRW 30 million is KRW 1.35 million, and the monthly rent is to be deposited in advance every month.
(3) The Plaintiff promised not to give disadvantages to the Defendant by delaying the lessor’s monthly rent during the acquisition period, causing damage to the leased real estate, etc.
Article 2 (Period of Transfer) (1) The period of transfer shall be from January 1, 2018 to December 31, 2018.
Article 3 (Payment of Price) (1) The Plaintiff shall pay 10 million won as down payment to the Defendant on November 24, 2017.
(2) The Plaintiff shall pay an intermediate payment of KRW 15 million to the Defendant on December 15, 2017.
(3) The Plaintiff shall pay a balance of five million won to the Defendant on December 31, 2017.
When the acquisition of Article 4 (Obligation of the Defendant upon the expiration of the period) expires, the Defendant shall pay the Plaintiff the price of KRW 30 million received from the Plaintiff.
Provided, That the above price shall be KRW 30 million to the plaintiff (including the plaintiff's guest) during the acquisition period.