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1. The decision of the court of first instance that ruled against the defendant in excess of the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On April 17, 2015, the Plaintiff entered into a contract on the transfer of rights (hereinafter “instant contract”) with the Defendant, which transfers all rights to the facilities and operation of the Dstore located in Suwon-si, Suwon-si, in KRW 101,102, and 119 (hereinafter “instant store”).
B. On April 20, 2015, the Plaintiff delivered the instant store to the Defendant, and the same year.
4. To receive 20,000,000 won from among premiums until December 23, 200, but in the same year.
5.17. The remainder of the premium paid 3,000,000 won has not been paid.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading
2. The parties' assertion and judgment
A. The plaintiff's assertion is obligated to pay the remaining premium of KRW 3,000,000 and damages for delay to the plaintiff.
B. Since the Defendant’s assertion was found that there was a defect in the entrance knife, crowdfunding, main floor, etc. after the Defendant received the instant store from the Plaintiff, the repair cost should be deducted from the premium.
In addition, the plaintiff makes a false sales of the store of this case and let the defendant transfer the store of this case where there is a defect in the facility, so the plaintiff cannot comply with the plaintiff's claim for the remaining premium.
C. In the above facts, the following facts can be acknowledged by comprehensively taking account of the respective entries in the evidence set forth in subparagraphs 1 through 6 of B (including the number of branch numbers) and the overall purport of the pleadings, namely, ① the Plaintiff and the Defendant entered into the instant right transfer contract on April 17, 2015 with the purport of transferring all rights to the facilities and operation of the store of this case. The instant right transfer contract explicitly states “the contract in the present state of facilities” as the special terms and conditions in the instant right transfer contract; ② the Defendant sent to the Plaintiff a certificate of contents requesting repair upon finding any defects in crowdfunding on May 26, 2015; ③ thereafter, the Defendant sent to the Plaintiff a certificate of contents requesting repair.