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1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be exceeded:
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The Defendant leased from C around 2011 the first floor of the Songpa-gu Seoul Building No. 1-S08 (hereinafter “instant store”) to operate a coffee store at the instant store.
On July 7, 2016, the Plaintiff entered into a premium agreement with the Defendant to acquire the goodwill of the said store by determining the premium as KRW 351,00,000 with respect to the instant store (hereinafter “instant premium agreement”). On the same day, the Plaintiff paid KRW 35,100,000 to the Defendant as the down payment. The main contents of the instant premium agreement are as follows.
Article 1 (Obligation of the Defendant) of the Value-Added Tax [Attachment 5,500,000,000 won for the commercial use premium] ① The Defendant shall arrange the Plaintiff to the lessor, and shall cooperate with the lessor to conclude the lease contract between the lessor and the Plaintiff, when the remainder of the lease contract is paid at the time of the contract payment of KRW 315,90,000 for the intermediate payment of KRW 315,90,000 for the intermediate payment of KRW 35,000 for the commercial use premium.
Article 2 (Relation to Lease Contract) Where a lease contract is not concluded due to reasons not attributable to the plaintiff and the defendant, such as a lessor's refusal of the contract, unreasonable alteration of the terms and conditions of lease, damage to the object, etc., this contract shall be null and void, and the defendant
Article 3 The contract is stipulated as "Article 2," but it appears to be a clerical error in Article 3 in light of the order of the above provision.
(hereinafter referred to as "the above provision" refers to Article 3). (Cancellation of a contract before the payment is made) In case where the contract is cancelled before the intermediate payment is made, the defendant may cancel the contract by compensating twice the down payment, and the plaintiff may cancel the contract by waiver
On July 15, 2016, the Plaintiff and the Defendant were scheduled to enter into a lease agreement with the Plaintiff, even though they were the lessor of the instant store.