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1. As to KRW 16,580,000 and KRW 14,600,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 1, 2014 to November 3, 2016.
Reasons
1. Determination as to the cause of claim
A. In full view of the statements in Gap evidence Nos. 1, 5, and 7 and the witness C's testimony, the following facts can be acknowledged:
1) On December 1, 2013, the Plaintiff transferred to the Defendant the entirety of the operating rights, screen golf machines, and business rights related thereto, which the Plaintiff operated at the time, to KRW 14,600,000 (hereinafter “instant contract”).
However, the Defendant paid the price of the transfer by March 31, 2014. (2) The Plaintiff leased a building from Nonparty D to engage in such business as above. However, on April 8, 2014 under the instant contract, the Plaintiff changed the lessee’s name from the Plaintiff to the Defendant, and the Defendant was operating the said golf driving range and screen golf facilities by delivery from the Plaintiff.
3) When running a business with the above screen golf machine, the user fee of KRW 110,00 per month shall be paid to the screen golf producer (the off-board golf company). Since the name of the operator of the above screen golf machine became in the name of the Plaintiff, the Plaintiff paid on behalf of the Defendant the total amount of KRW 1,980,000 (the total amount of KRW 18 months x 110,000) from March 2014 to August 2015.
B. Comprehensively taking account of the above facts of recognition, the Defendant is obligated to pay the Plaintiff the above transfer price of KRW 14,600,000 pursuant to the instant contract and the program usage fee paid by the Plaintiff on behalf of the Defendant, as incidental obligations under the instant contract.
In addition, the Plaintiff asserts that the Defendant is obligated to pay KRW 600,000 per month to the Plaintiff as interest before receiving the above transfer price, and that the Defendant is obligated to pay KRW 3,700,000 to the sum from December 1, 2013 to June 2014.
Therefore, as to whether there was the above interest agreement, there is a health room and evidence No. 7 stating “600,000”, but this alone is the interest of the Plaintiff’s assertion.