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1. The Plaintiff (Counterclaim Defendant) A shall pay to the Defendant (Counterclaim Plaintiff) KRW 21,252,148 and its payment from November 23, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Before June 2016, the Defendant had operated a single food store with the trade name “E” (hereinafter referred to as the “instant restaurant”), F date single food store business, and restaurant chain business, etc., the Defendant registered the service mark (hereinafter referred to as the “instant service mark”) as indicated in [Attachment 1] as a designated service business.
B. On June 2016, the Defendant entered into a contract with the Plaintiff for transfer and takeover of rights (hereinafter “instant transfer and takeover agreement”) with the Plaintiff, and the said transfer and acquisition agreement (Evidence A 1) took place with the Plaintiff and the Defendant’s signature, seal, or stamped.
Transfer and Acquisition of Rights
1. Location of indication of rights: Type E: Chinese type;
2. Amount of rights (including facility costs): 2200,000 won;
3. Article 1 of the Terms and Conditions of the Transfer of Rights (referred to as "Plaintiff A"; hereinafter the same shall apply) pays to the transferor (referred to as "Defendant"; hereinafter the same shall apply) the amount of the above-mentioned movable property (including the preceding and monthly rent) as follows:
The down payment of KRW 30 million shall be paid at the time of the contract, and the intermediate payment of KRW 100 million shall be paid on June 15, 2016, and the remainder KRW 110 million shall be paid on June 30, 2016.
Article 2 The transferor shall remove all the matters impeding the exercise of the right of lease and shall transfer all the facilities including all the facilities so that the transferee can conduct the business immediately at the time of the receipt of the balance.
§ 3. Charges such as the reversion of proceeds, taxes and public charges, etc. accruing from the above movables (joints of office fixtures and facilities, business rights), and immovable property shall belong to the transferor and to the assignee for any subsequent property on the basis of the date of delivery of the above immovables, respectively.
Article 4 Until the transferee pays the intermediate payment (if there is no intermediate payment, the intermediate payment) to the transferor, the transferor shall refund twice the down payment and the transferee shall pay the down payment.