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1. Revocation of a judgment of the first instance;
2. The Defendant is from June 12, 2015 to KRW 15,00,000 to the Plaintiff.
Reasons
1. Basic facts
A. On March 20, 2013, the Plaintiff entered into a contract with the Defendant for acquisition of the right to acquire KRW 55,000,000 premium (hereinafter referred to as “instant right contract”) with the Defendant for a total of KRW 55,000,00 of the rights (including all facilities located in the childcare center) related to “D Child Care Center” (hereinafter referred to as “instant child care center”).
B. Under the instant right contract, KRW 15,00,000 of the down payment of KRW 55,000,000 for the total premium was paid as of March 30, 2013 when the contract was concluded. However, the said down payment was agreed following the instant right contract and the said down payment was to include the down payment of KRW 15,00,000 for the building of the said workplace between the Plaintiff and the Defendant (a lessee, the Plaintiff, the lessee, the lease deposit, the lease deposit, the KRW 100,000 for the rent, the monthly rent of KRW 1,30,000). The said lease was not concluded without the Defendant’s signature on the contract.
C. In addition, the plaintiff and the defendant agreed to the special agreement of the right contract of this case that "the current number of child care centers shall be 20, and the present number of students shall be 15.10% or less of the present total number of students shall be mutual recognition and the number of increased or decreased number of students who are less than 10% of the original students shall be 50,000 won or less per additional students shall be increased or decreased from the premium per person" (Article 3) and "this contract shall be null and void if the approval of the change of the child care center of an administrative agency is obtained or if the profitability significantly deteriorates due to the reduction of two or more students" (Article 8), and "the transferor shall prohibit the establishment and operation of the same type of business within 5 km meters from the half of the child care center, and shall be liable for damages corresponding to the transferee if he or she causes damage to the assignee without his or her
The Plaintiff paid the Defendant the down payment of KRW 15,000,000 on the day of the instant right contract.
E. Meanwhile, the Mayor of Seoul Special Metropolitan City on April 15, 2009.