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Reasons
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(영문) 서울고등법원 2015.06.24 2015나2002285
손해배상(기)
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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Facts of recognition;

A. Before entering into a contract, the Defendant is a person who operated D in Gwangjin-gu Seoul Special Metropolitan City and the third floor (hereinafter “instant store”).

The Plaintiff (the previous name was E, but the name was changed on May 29, 2013) was introduced by the Defendant through a person who was the director of F (the trade name was changed to G).

On April 18, 2013, the Plaintiff consulted with the Defendant on the amount of premium, guarantee of profit, etc. after the Plaintiff met with the above H manager.

B. On April 21, 2013, the Plaintiff entered into the instant acquisition agreement, consignment operation agreement, and lease agreement (i.e., the Plaintiff and the Defendant) with the Defendant, under which the Defendant transferred the instant store’s goodwill to the Plaintiff, and the Plaintiff entered into a acquisition agreement with the Plaintiff to pay KRW 37,000,000 premium to the Defendant in return (hereinafter “instant acquisition agreement”), and paid the Defendant the down payment of KRW 4,00,000 on the same day.

On April 25, 2013, the Plaintiff: (a) paid KRW 33,00,000 to the Defendant the above premium balance; (b) concluded an entrusted operation agreement with the Defendant, under which the Defendant entrusted the said store for six months and paid KRW 4,00,000 each month to the Plaintiff, while operating the said store.

On the other hand, on April 21, 2013, the Plaintiff concluded a lease deposit of KRW 50,000,000, monthly rent of KRW 3,410,000, including the value added tax (i.e., monthly rent of KRW 3,100,00), and the lease term of KRW 310,00,00, from April 25, 2013 to April 24, 2015, and the Plaintiff paid the remainder of KRW 624,80, including the value added tax (i.e., management expenses of KRW 568,00, KRW 71 x average of KRW 8,00) and KRW 56,80,00, including the value added tax, to the Plaintiff (hereinafter “the lease contract of this case”), and paid the remainder to I on the same day, KRW 5,00,00, May 25, 2005).

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