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1. The Defendant’s KRW 13,500,000 as well as the Plaintiff’s annual rate of KRW 5% from February 25, 2016 to August 9, 2017.
Reasons
1. The facts under each of the following facts are either disputed between the parties, or acknowledged in full view of the overall purport of the arguments in Gap evidence 1-1, 2, 4-7 and Eul evidence 1-1, and there is no counter-proof.
Around January 4, 2016, the Defendant: (a) registered a fish driving school located in Ansan-si (Gu Embian Research Institute; hereinafter “instant fish driving school”); and (b) notified that “The sales amount shall be KRW 10 million per month; (c) the net profit shall be KRW 400,000 per month; (d) the amount of desired premium shall be KRW 27,000,000; and (e) the number of private teaching institute students shall be KRW 45; (e) the amount of salaries shall be KRW 300,000 per month; and (e) the amount of salaries shall be KRW 300,000; and (e) the amount of salaries shall be six (6) self-operation.”
B. Around January 7, 2016, the Plaintiff, who became aware of the instant fish farming institute through the instant water information, concluded a contract with the Defendant to transfer the instant fish farming institute’s operating right and company ownership by the Defendant, and as a result, the Plaintiff paid KRW 25 million to the Defendant by February 26, 2016, and separately, pay KRW 20 million to the Defendant the lease deposit that the Defendant paid while leasing the building located in the instant fish farming institute. The Defendant concluded a contract with the Defendant to transfer the overall matters of the instant fish farming institute by February 26, 2016 (hereinafter “instant contract”).
C. The details of the instant contract are as follows.
(1) Of the premium, KRW 2 million shall be paid at the time of a contract, and the intermediate payment of KRW 8 million shall be paid on January 29, 2016, and the remainder KRW 15 million shall be paid on February 26, 2016.
(2) On or after January 7, 2016, the Plaintiff and the Defendant are able to share the same operation through mutual consultation, and if 40 students maintain 40 students until February 20, 2016, the next day shall be responsibilities of the Plaintiff, the transferee.
(3) The scope of the number of students present among the students of a private teaching institute shall be the students who are in fact present and shall be free of charge and shall not be present for at least one week.