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1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 5,188,492 and its relation to the Plaintiff from June 1, 2016.
Reasons
1. Basic facts
A. On March 10, 2015, the Defendant decided to take over a D cafeteria located in the second floor of the Gu C building while Ansan-si operated by the Plaintiff from the Plaintiff.
The price shall be KRW 325 million, but the contract deposit shall be KRW 100 million, and the intermediate payment shall be KRW 125 million, and the intermediate payment shall be paid in March 20, 2015, while the remainder shall be paid in April 5, 2015, respectively.
(hereinafter “the first contract of this case”). (b)
After that, the Plaintiff and the Defendant revised the instant first contract on April 20, 2015, and paid the said payment to KRW 291 million in total, and the down payment to KRW 100 million on March 10, 2015, and the intermediate payment to KRW 125 million on March 20, 2015, and KRW 66 million on April 20, 2015.
Accordingly, the Plaintiff received the down payment and intermediate payment under the instant modified contract from the Defendant, and the remainder was appropriated by the Defendant by acquiring the Plaintiff’s debts equivalent to KRW 66 million (as indicated in the following table; hereinafter “instant acquisition list”).
(hereinafter “instant change agreement”). D E E F G H H H J Y P P PR IO
C. The Plaintiff paid KRW 788,492 for the term of air audience, which was included in the instant acquisition list, from March 2015 to May 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 5, Eul evidence Nos. 1 through 4 (including virtual numbers), the purport of the whole pleadings
2. Judgment on the plaintiff's primary claim
A. The Plaintiff’s primary cause of claim is that the Defendant did not perform the obligation under the instant modified contract, so the modified contract is rescinded, the effect of the initial contract is restored, and the Defendant is obliged to pay the remainder of KRW 100 million under the instant initial contract.
B. According to the above facts, the plaintiff and the defendant lose the validity of the initial contract of this case through the modified contract of this case.