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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. As to KRW 20 million and KRW 17.5 million among them, June 3, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 17, 2016, the Plaintiff entered into a contract for transfer and takeover of business (hereinafter “instant transfer contract”) with Defendant B, which the Plaintiff would transfer the E stores (hereinafter “instant stores”) that the Plaintiff operated on the Do and the 2nd floor of Yeong-gu, Seo-gu, Young-gu (hereinafter “instant stores”) to KRW 300 million in price.
B. The content of the instant transfer contract is as follows.
The amount: 300 million won (including a security deposit of KRW 50 million): KRW 150 million (including a security deposit: KRW 70 million on January 17, 2016; KRW 80 million on January 25, 2016; KRW 80 million on January 19, 2016; KRW 50 million on January 15, 2017: The remainder of KRW 10 million (including a security deposit of KRW 50 million): KRW 2.5 million on January 25, 2015; KRW 36 million on December 22, 2015; KRW 15 million on January 19, 2016; and the remainder of KRW 3.5 million on December 25, 2015; and the remainder of KRW 1.5 million on December 22, 2015 (hereinafter referred to as “the remainder”).
A special agreement: If the balance is in arrears for six months, the said real estate shall be entrusted to the seller's opinion.
C. On December 22, 2015, Defendant B remitted each of the total amount of KRW 10 million to the Plaintiff, KRW 30 million on January 17, 2016, KRW 80 million on January 18, 2016, KRW 30 million on January 19, 2016, and KRW 80 million on January 19, 2016, KRW 30 million on January 29, 2016, and KRW 50 million on January 29, 2016, KRW 80 million on the part of the Plaintiff, and Defendant B received the Plaintiff’s goodwill from the Plaintiff around that time.
Meanwhile, Defendant B, upon entering into the instant transfer contract with the Plaintiff, agreed that Defendant B succeeded to a lease agreement between the Plaintiff, Cheong-gu D, Cheongju-si, the lessor of the second floor, F, and G (hereinafter “instant lease agreement”), and agreed to pay the monthly rent until the succession is made.
E. Defendant B paid to the Plaintiff KRW 2.5 million, monthly rent for February 23, 2016, KRW 2.5 million for March 23, 2016, KRW 2.5 million for the rent for April 23, 2016, and KRW 1.33 million for April 26, 2016, and the Plaintiff paid to G on February 23, 2016, KRW 2.5 million for the rent for April 23, 2016, and April 28, 2016.