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The defendant has received KRW 59,090,588 from the plaintiffs in return for the payment and reimbursement of KRW 59,090,58.
Reasons
1. Basic facts
A. On July 4, 2011, the Plaintiffs entered into a lease agreement with D and Seo-gu, Seo-gu, Chungcheongnam-gu, and two parcels, respectively, as follows:
-Deposit:30 million won, down payment 30,000,000 won, down payment 30,000,000 won shall be paid at the time of a contract, intermediate payment 70,000,000 won shall be paid on August 15, 201, and any balance 200,000,000 won shall be paid in 201.
- Rent: 10,00,000 per month - Matters covered by a special agreement: on the land (B) above, approximately 259 square meters will be newly constructed and leased; if the condition is any, the contractor (Lessee) may be replaced.
Monthly rent shall be KRW 9,00,000 per month for one year from the date on which the first monthly rent occurs.
B. D established the Defendant on November 4, 201 and assumed office as an intra-company director.
C. On December 14, 2011, the Plaintiffs newly constructed a building listed in the separate sheet (hereinafter “instant building”) on the said land and owned each 1/2 shares, and completed registration of initial ownership.
After that, the Plaintiffs changed the lessee to the Defendant and entered into a lease agreement with respect to the instant building (hereinafter “instant lease agreement”) with the following terms, and the date of the contract was recorded retrospectively as of July 4, 201, which is the first lease agreement date.
-Deposit: 300,000,000 won for down payment, 30,000,000 won for contract and received at the time of contract, and the intermediate payment of KRW 170,000,000 for intermediate payment of KRW 170,000 on December 12, 2011, and the balance of KRW 100,000 shall be paid on March 25, 2012.
- Rent: 7,00,000 won per month - Duration: From March 25, 2012 to March 24, 2017 - The lessee may not change the use or structure of the said real estate or make a sublease, transfer of the right of lease or offer a security, or use it for any purpose other than the purpose of lease without the lessor’s consent.
-Special contract terms: the monthly rent of KRW 7,00,000 shall be paid for each year; KRW 8,00,000 for two years; KRW 10,000 for three years; KRW 11,00,000 for four years; and KRW 12,00 for five years for twelve years.
Additional tax shall be separately managed, and the management shall be self-management.