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1. Article 2 of the Commercial Building Premium Agreement of April 12, 2016 by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is applicable.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. From July 2012, the Plaintiff operated the beauty art room (hereinafter “instant beauty art room”) with the trade name “D” as referred to in Article 104 of Changwon-si, Changwon-si C 104.
B. On April 12, 2016, the Plaintiff concluded a premium agreement with the Defendant on the instant beauty art room (hereinafter “instant premium agreement”) and received KRW 10,000,000 from the Defendant.
The contents of the premium contract (A evidence 1) of this case are as follows.
The plaintiff and the defendant who intend to become a new lessee shall enter into a premium contract as follows:
Article 1 (Payment of Premiums) Lessees shall pay premiums to new tenants as follows:
Total premium amounting to KRW 67,00,000 down payment of KRW 10,000,000 shall be paid and received at the time of a contract. Any balance of KRW 57,000,000 shall be paid on April 19, 2016.
Article 2 (Duties of Lessees) (1) A lessee shall arrange for a new lessee to a lessor, and shall cooperate so that a lease contract may be concluded between a lessor and a new lessee.
(2) A lessee shall cooperate in the transfer of telephone subscription rights, abolition of business registration, etc. so that a new lessee may commence normal business.
(3) A lessee shall transfer the following tangible or intangible property value in return for the premium until a new lessee pays any balance:
Where a lease contract cannot be concluded due to a cause not attributable to a lessee and a new lessee, such as a lessor's refusal of the contract, unreasonable alteration of the terms and conditions of lease, damage to the object, etc. under Article 3 (Relation to Lease Contract), such as property value business facilities, transaction partners, credit, business know-how, business interest according to the location of a commercial building, etc., this contract shall be null and void, and the lessee shall immediately return the down payment, etc. paid to the new
Article 4 (Cancellation of Contracts and Compensation for Damages) (1) The new lessee shall pay any balance.