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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 3, 9, and Eul evidence Nos. 1 to 3:
The Plaintiff entered into a contract with the Defendant on November 7, 2013, under which he/she was operating “D” (hereinafter “instant store and restaurant”) on the first floor of the Seoul Gangnam-gu Seoul Building (hereinafter “instant acquisition agreement”). On November 7, 2013, the Plaintiff entered into a contract with the Defendant to take over the instant store and restaurant at KRW 65 million (hereinafter “instant acquisition agreement”). On November 7, 2013, the Plaintiff received a total of KRW 45 million (15 million) and KRW 16.5 million (15 million) on November 8, 2013, and filed a report on the closure of the instant business on December 18, 2013.
B. Meanwhile, on November 14, 2013, the Defendant, the transferee under the instant transfer agreement, entered into a partnership agreement with E on the business of the instant store and restaurant for the following three years (hereinafter “instant business partnership agreement”). From November 12, 2013 to June 30, 2014, the profit was first used in paying the investment deposit, and the distribution of the net profit thereafter is at least 60% and 540%, and the right on the security deposit refund claim for the restaurant and the right on the premium amount of KRW 11,00,000 and 10 million was determined to be the Defendant.
2. The assertion and judgment
A. The Plaintiff is obligated to pay the purchase price of KRW 65 million under the instant transfer agreement, but the Plaintiff’s money that the Plaintiff received from the Defendant constitutes KRW 61.5 million as seen earlier. The Plaintiff initially received KRW 45 million on the date of the said agreement ( November 7, 2013) returned to E as the Defendant’s partner, who claimed the cancellation of the instant transfer agreement, and was paid KRW 15 million from E on November 8, 2013.