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1. The Defendant (Counterclaim Plaintiff) shall have KRW 2,90,000 per month from March 15, 2020 to February 15, 2022 to the Plaintiff (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. From September 25, 2014, the Plaintiff operated DP from the first floor of the Daejeon Jung-gu Daejeon District Court (hereinafter “instant TPP”) on DP from September 25, 2014, and the Defendant (E) served as EPP from the instant PPP around 2016.
B. Around January 2020, the Plaintiff confirmed that he/she had the intent to take over the instant bank to the Defendant, and explained on January 15, 2020 the sales, expenditure, etc. of the instant bank to the Defendant.
C. The Defendant visited the instant bank several times thereafter to confirm the direct sales, etc., and the Plaintiff sent the draft of the contract to the Defendant on January 28, 2020.
On February 2, 2020, the Plaintiff and the Defendant concluded the instant contract of transfer (hereinafter “instant contract of transfer”) with the following content, and the Defendant decided to operate the instant contract of transfer from March 2, 2020.
- The plaintiff shall transfer the business rights of the respondent in this case to the defendant.
At the same time, the defendant shall pay the plaintiff the down payment of KRW 10 million.
(A) The Defendant shall pay the remainder of KRW 6.5 million as the Defendant paid the amount of KRW 3.5 million, which would result in all the rights and obligations of the instant bank.
In addition, all the ownership of internal collection equipment and electronic equipment is delegated.
The transfer price shall be 79 million won and the remainder after deducting the down payment of KRW 10 million,00,000,000,000,000 for 24 months each of the 15th of each month, by the defendant, without interest, for 2.9 million won.
- The defendant succeeds to the remaining service life of the Internet and each game company, the PC business lease contract, water purifier lease contract, and G contract, etc. as they are.
E. On February 4, 2020, the Defendant paid the remainder down payment to the Plaintiff KRW 6.5 million.
F. ① On February 4, 2020, the Defendant entered into a lease agreement with the lessor in the instant case (the delivery date in the instant case on March 2, 2020), and ② on February 17, 2020, the name of the Internet contract was changed from the Plaintiff to the name of the Defendant, and ③ on the same day to the F Co., Ltd.