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1. As to the Plaintiff KRW 352,346,060 and KRW 52,346,060 among them, the Defendant shall pay to the Plaintiff KRW 100,000 from March 17, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff related to the parties is a company established on December 1, 2009 for the purpose of manufacturing, selling, subdividing, etc. medical appliances and sanitary supplies, and the Defendant is a company established on January 22, 2016 for the purpose of operating physical training facilities.
B. On March 15, 2016, the Plaintiff entered into a contract with the Defendant to acquire all of the assets (including the claim to return the lease deposit amount of KRW 200 million) of the “DP” (hereinafter “DP”) operated in Gangnam-gu Seoul, Seoul with the Defendant (hereinafter “the Plaintiff entered into a contract with the Defendant for acquisition of the assets (hereinafter “instant acquisition agreement”) with the amount of KRW 700 million, and made two copies of the contract and kept one copy, respectively.
The main contents of the acquisition agreement of this case are as follows.
Article 1 (A) of the Asset Transfer and Acquisition Contract ("Plaintiff") shall promise to transfer the business to "B (Defendant)" to KRW 700 million (including value-added tax) in accordance with the provisions of Article 2 (1) and shall consent to the transfer of the business.
Article 2 Transfer of business under the preceding Article includes fixed assets, security deposits, trade names, websites and other rights and obligations in respect of business.
Article 3. On March 16, 2016, the down payment of gold (including value-added tax) payment date of March 16, 2016, the first installment payment of KRW 100,000,000 intermediate payment of KRW 100,000,000 on June 16, 2016, the second installment payment of KRW 16,000 on March 16, 2017, the third installment payment of KRW 10,000,000 on March 16, 2018, the third installment payment of KRW 10,000,000,000 on March 16, 2019, the first installment payment of KRW 20,000 on March 16, 2020, the aggregate of KRW 700,000,000 on March 16, 200.
1. All obligations, other than membership rights, personal car, golf learning, remainder of golf lessons, PT lessons, and the written test lessons, are held liable for “A”.
2. All the expenses up to March 15, 2016 are liable for “A”.
Article 9. PT refund cases generated within one month after the contract is concluded, and the refund of membership rights generated within three months shall be borne by “A”, and “B” shall be the intermediate payment paid on June 16, 2016 by settling accounts with “A” for the refund refund cases generated within three months after the down payment of KRW 100 million.