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Reasons
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(영문) 청주지방법원 2017.07.20 2016나15342
영업양수도대금 등
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1. Of the judgment of the court of first instance, the part concerning the claim for a principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On May 8, 2014, the Plaintiff: (a) leased two floors (hereinafter referred to as “instant building”) among D’s buildings located in Seo-gu, Seo-gu, Chungcheongnam-gu (hereinafter referred to as “instant lease contract”) from the F and G to operate E stores (hereinafter referred to as “instant store”); and (b) concluded a business transfer agreement to transfer the instant store to the Defendant for KRW 300 million on January 17, 2016 (hereinafter referred to as “instant transfer agreement”).

B. The payment method of the transfer price under the instant transfer contract is as follows.

1) Of down payment of KRW 150 million, KRW 70 million shall be paid up to January 17, 2016, and the remainder of KRW 80 million shall be paid up to January 25, 2016, respectively. 2) Under the instant lease agreement, the part payments of KRW 50 million shall be paid up to January 15, 2017, on the condition that the Defendant succeeds to the lessee status under the instant lease agreement, thereby devolving the Defendant on the claim for the return of the lease deposit. The Defendant shall pay the monthly rent until the succession to the lessee status is made.

3) The remainder of KRW 100,000 has been paid in KRW 2.5 million each month from March 25, 2016 to December 22, 2015, and the remainder has been appropriated for KRW 100,000,000 to the Plaintiff on December 22, 2015, and the remainder has been KRW 90,000 (=2.5 million x 36 months) (i.e., the down payment under the instant transfer contract). (c) The Plaintiff was a down payment under the instant transfer contract; (i) the Plaintiff was wired in KRW 70,000,000,000, including KRW 40,000 on January 17, 2016 and KRW 50,000,000 to the Plaintiff on January 18, 2016; and (ii) the Plaintiff was paid in KRW 500,000 on January 19, 2016 under the name of the first instance co-Defendant C.

A total of KRW 80 million was remitted, and the Defendant received the instant store’s operating right from the Plaintiff around that time.

The defendant of this case.

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