1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 24, 2014, the Plaintiff entered into a contract with the Defendant to acquire the name “D” (hereinafter “instant business site”) at the fifth floor of the building located in the following cities: (a) KRW 60 million for premium payments (hereinafter “instant acquisition contract”).

B. In accordance with the instant acquisition agreement, the Plaintiff paid the Defendant KRW 50 million on January 24, 2014, and KRW 60 million on January 27, 2014, totaling KRW 10 million. From February 1, 2014, the Plaintiff commenced business in the instant place of business from around February 1, 2014.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant issued membership fees of KRW 50,00 per month and KRW 80,100,000 per month to its members. Of the membership fees that the Defendant issued and received membership fees, the Defendant issued membership fees for a maximum of 12 months to its members. The Defendant’s profits accrued by the day preceding the date of business delivery should be settled and paid to the Defendant, while the profits accrued thereafter should be settled and paid to the Plaintiff, the Defendant did not undergo any settlement procedure without concealing it. The Defendant received membership fees by malicious issuance of long-term membership fees from January to February of 2014, which is 4 months to 12 months prior to the transfer of business.

Therefore, since the plaintiff confirmed the remaining period of membership of the existing members after the transfer of the business place, the amount equivalent to the remaining period after the plaintiff acquired the business place of this case among the amount already received by the defendant shall be KRW 39,824,050, the defendant is obligated to settle the amount acquired by the issuance of the existing membership.

B. It is common to agree specifically on claims and obligations that are to be transferred from the transferor and transferee when concluding a contract for the transfer of business.