임대차보증금
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The Plaintiff owned 2,450 shares out of 5,00 shares of C Co., Ltd. (hereinafter “C”), and D operated the said Company together with the remaining 2,50 shares.
B. In order to use D as C office on May 30, 2016, D leased buildings, Hho and I (hereinafter “instant office”) from E and F for the window G from Changwon-si, from May 1, 2016 to April 30, 2018, lease deposit amount of KRW 15 million = Hho 1,500,000 won, and KRW 1,500,000 won per month of rent = Hho 1,50,000 won per month, and KRW 1.5 million per month of rent to the said lessor on the same day (hereinafter “instant lease deposit”).
C. After D’s withdrawal from C operations, D’s entirety owned 2,50 shares on April 13, 2017, and D sold 782 shares to Defendant and J at KRW 10,00 per share, and thereby, the Plaintiff out of C’s 5,00 shares owned 1,68 shares and 1,66 shares with Defendant and J respectively.
On the other hand, D entered into a “rights transfer contract” with the Plaintiff, the Defendant, and the J on April 13, 2017, and transferred to the Plaintiff, the Defendant, and the J the entire facilities, including C offices, business partners, and business know-how at KRW 120 million (hereinafter “instant contract for the transfer of rights”). Separately, the claims for the return of the lease deposit of this case were transferred to the Plaintiff as stipulated in Article 6 of the following contract provisions.
Article 2: (120,000,000 won of the amount of the right in the contract for the transfer of rights shall eliminate all the matters impeding the exercise of the right of lease and shall transfer all the facilities including all the facilities so that the transferee can conduct business immediately upon the receipt of the balance.
Article 4 In relation to the acquisition of stocks, the acquisition price of stocks other than the amount of rights (including facility costs) shall not be paid separately.
Article 6 (Right to Claim for Return of Rental Deposit) The right to claim for refund of Rental Deposit shall be calculated by the amount to be borne by three persons who are assigned to the transferee.