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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. 1) On November 11, 2014, the Plaintiff and the Defendant, and the Plaintiff and the Defendant are the 1st floor store in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant store”).
() From the name of “D” to transfer, to the Plaintiff, be paid KRW 20,000,00,000, in addition to the existing goods, business houses and fixtures, structures of buildings, and rights to customers in the instant store, including rights to a customer, and the right to lease the store; and the Defendant shall pay the Plaintiff the said amount to the Plaintiff KRW 40,00,00,000 until December 10, 2014, and KRW 160,00,00,000,000, respectively, until May 10, 2015 (hereinafter “instant contract”).
2) The Defendant did not pay to the Plaintiff the remainder KRW 130,000,000,000, on November 26, 2014, on January 12, 2015, KRW 30,000, and KRW 10,000 on January 14, 2015, and KRW 90,000 on June 2, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 130,000,000 won with the remainder payment under the contract of this case and 5% per annum under the Civil Act from May 11, 2015 to July 1, 2015, which is clear that the delivery date of a copy of the complaint of this case is the date of delivery of the copy of the complaint of this case, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
2. Judgment on the defendant's assertion
A. The Defendant asserted that the instant store was transferred to the Plaintiff around August 2014, which was the transfer date of the instant contract, around KRW 220,000,00. At the Plaintiff’s request, the Defendant paid KRW 130,000 at the Plaintiff’s expense, instead of the interior cost, the collection cost and the purchase cost of materials, and received KRW 130,00,000 at the expense after six months.
After that, the Plaintiff and the Defendant enter into the instant contract.