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1. Defendant B, Inc., the Plaintiff
(a) From December 16, 2014, for KRW 70,578,596 and KRW 62,244,052 among them.
Reasons
1. Facts of recognition;
A. A. Around January 31, 2011, the Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).
A) A contract under which the sales right of the CEP stores on the first floor of the CEP hall at the original city of the Republic of Korea (hereinafter “instant transfer contract”) is to be acquired at KRW 160,000,000 from the transfer price (hereinafter “the instant transfer contract”).
(2) At the time of the conclusion of the instant transfer contract, the Defendant Company agreed to cancel the instant transfer contract with the Plaintiff and the lessor without penalty if the lease contract is not concluded between the Plaintiff and the lessor due to the problem of the lessor, and to refund the premium with the interest of 12% per annum on the amount received. A’s performance certificate No. 1.
3. Articles 2 and 3 of the terms and conditions of a lease agreement, and a special agreement, if the change of name is impossible by March 31, 201, the Plaintiff paid the full amount of the premium to the Plaintiff within 14 days. 3) Defendant C, as the representative director of the Defendant Company, agreed to the effect that the transfer price was deposited into the Defendant C’s account at the time of entering into the instant transfer agreement, and Defendant C guaranteed the payment.
(hereinafter referred to as “instant guarantee agreement”). (b)
(1) On February 8, 2012, the Plaintiff entered into an agreement with the Defendant Company to operate the Dada on a two-year basis from March 2, 2011 to December 2, 201, instead of changing the name of “EC” under the instant transfer agreement with the Defendant Company (hereinafter “the instant first change agreement”).
2) At the time of the conclusion of the instant first modification contract, the Defendant Company agreed to provide the Plaintiff with without premium any other place in the same sales and revenue size for the remainder of the period, where the contract has not been continued for the foregoing four years due to force majeure. Even if the contract was not concluded with the Defendant Company, the Defendant Company agreed to provide the Plaintiff with another place in the same sales and revenue size for two years without premium.
C. The second modified contract is the Plaintiff 1.