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1. The Defendant’s KRW 3,978,700 and the Plaintiff’s annual rate of KRW 5% from May 7, 2014 to April 1, 2016 and the following.
Reasons
1. Basic facts
A. On January 10, 2014, the Plaintiff comprehensively acquired D’s business rights on the fifth fifth floor of the C building at the time of strike from the Defendant (a total of 47 units; hereinafter “instant public notification center”) and, in return, paid the Defendant a premium of KRW 10 million (a premium of KRW 5 million with a contract deposit and KRW 5 million with a balance of KRW 5 million on January 17, 2014) to enable the Defendant to receive a lease deposit amount of KRW 50 million.
B. Around January 17, 2014, the remaining payment date, the Plaintiff and the Defendant had a dispute on the grounds that the number of actual visitors to the instant Public Notice Board was different, and that the Plaintiff did not pay KRW 10 million to the Defendant, and the Defendant changed the terms of the contract with only the lease deposit (from the lessor) to be refunded to the Defendant without paying KRW 10 million.
(hereinafter referred to as the “instant contract for the transfer of business”). C.
Around that time, the Plaintiff entered into a new lease agreement with the lessor while paying KRW 50 million to the lessor. Accordingly, the Defendant received KRW 50 million from the lessor, and completed the settlement procedure for the contract for the transfer and acquisition of goodwill (such as the repayment of the down payment already received and the disposition of unpaid management expenses) with the Plaintiff.
【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 3, 4, and 5, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. As of January 17, 2014, the Plaintiff’s instant contract for the takeover of business includes the content that guarantees at least 24 persons who have been killed and lost as of January 17, 201. The actual 150 persons have been killed and lost around the above base date, etc., and the Defendant deceiving the Plaintiff, and thus, is liable to compensate for damages therefrom.
(It is clear that the plaintiff does not want to cancel the contract). Considering that the average amount of actual payment of the plaintiff's 2.60,000 won per month and about 10 months per average of 10,000 won per month, the defendant is 23,40,000 won x 9.