손해배상(기)
1. Each claim filed by the Plaintiff (Counterclaim Defendant) against Defendant B and Defendant (Counterclaim Plaintiff) C and the Defendant (Counterclaim Plaintiff) C.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
In around 2010, Defendant B, including a transfer of business and the conclusion of a lease agreement, leased real estate listed in the separate sheet (hereinafter “instant commercial building”) from D, the owner of which, at the time of the transfer of business and the conclusion of the lease agreement, leased the real estate listed in the “the indication of the building” in the separate sheet (hereinafter “instant building”) from D, and carried on a singing practice.
In the introduction of F and G on October 2016, the Plaintiff and Defendant B entered into an agreement with F and G, that the Plaintiff will take over the ENonoman business from B in the premium of KRW 30,000,000, and that KRW 15,000,000 of the said premium shall be paid as the same day deposit and paid as the down payment, and the remainder shall be paid as of January 11, 2017.
Accordingly, the plaintiff paid KRW 15,000,000 to the defendant B on the same day, and operated the Emnocom Bank on behalf of the defendant B from that time.
Defendant C purchased the instant commercial building from D on December 3, 2016, and completed the registration of ownership transfer on December 20, 2016.
On January 11, 2017, the Plaintiff and Defendant B drafted a “business transfer contract” in which premium was reduced to KRW 25,000,000,000, and accordingly, the Plaintiff paid Defendant B the remainder of KRW 10,000,000, excluding the amount of KRW 15,000,000, which was already paid, and Defendant B transferred the said premium to the Plaintiff and transferred all the devices and facilities within the ENonobya to the Plaintiff.
(B) The Plaintiff and Defendant B’s husband H on the same day, and the Plaintiff’s husband H on the same day, respectively, entered into a lease agreement between the Plaintiff and Defendant B on October 11, 2016 and the agreement on January 10, 2017, with the terms and conditions that the Plaintiff leases the instant commercial building for the purpose of singing and singing business, 15 million won, monthly rent of KRW 1,200,00 (excluding value-added tax), from January 11, 2017 to January 10, 2019, respectively.