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1. The Defendant’s KRW 900,000 and the Plaintiff’s annual interest thereon from January 30, 2019 to June 12, 2019.
Reasons
1. On September 2014, the Defendant acquired the right of lease from the Plaintiff to the Yangcheon-gu Seoul Metropolitan Government Two Floors (hereinafter “instant store”) and operated a singing room from October 1, 2014.
(However, on October 21, 2016, the Plaintiff and the Defendant drafted a written agreement of succession to rights, such as the annexed sheet, [based on recognition]. [In the absence of dispute, entry in Eul-1 and the purport of the whole pleadings.]
2. Determination as to the cause of action
A. In transferring the instant store to the Defendant, the Plaintiff: (a) agreed to pay KRW 150 million in installments for 60 million each month from October 2014 to December 2018; (b) the Plaintiff paid only 48 months from October 2014 to December 2018; and (c) paid 2.2 million won each as of February 2018; and (c) the Defendant did not pay all thereafter, and thus, (d) the Plaintiff is liable to pay KRW 30.9 million each amount (i.e., KRW 2., KRW 25 million x 123 million x 1.2 million x 3 million x 3 million i.e., the Defendant agreed to pay the Plaintiff the amount of the premium to be paid; and (e) the Defendant exempted the Plaintiff from the Plaintiff’s obligation to pay the premium to the Plaintiff.
B. In light of the fact that the amount of premium agreed upon between the Plaintiff and the Defendant is KRW 150 million, as recognized earlier, the Plaintiff and the Defendant prepared a written agreement on succession to rights and did not state any matters regarding the premium, as seen earlier, each of the descriptions of the Plaintiff’s 4, 5-1, and 2 is insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit.
However, the Defendant recognized that the Plaintiff agreed to pay the premium of KRW 120 million to the Plaintiff, and there is no evidence to prove that the Plaintiff exempted the Plaintiff from the obligation to pay the unpaid amount of KRW 900,000,000,000, which is the unpaid amount. Accordingly, the Defendant did not pay the said premium to the Plaintiff.