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1. The Defendant (Counterclaim Plaintiff) B shall pay to the Plaintiff (Counterclaim Defendant) KRW 43,050,000 and its payment from March 29, 2015.
Reasons
1. Basic facts
A. On November 30, 2011, Defendant B entered into a contract with F to lease three floors of the building in Bupyeong-gu Seoul Special Metropolitan City as “ deposit KRW 20 million and monthly rent KRW 3 million.” From around that time, Defendant B operated “H” (hereinafter “instant business”).
B. On June 5, 2013, Defendant B and the Plaintiff sold the instant business establishment to the Plaintiff at KRW 125 million (rental deposit amounting to KRW 20 million, monthly rent of KRW 3 million). However, on a contract basis, Defendant B and the Plaintiff drafted a “store sales contract” with the content that the remainder of KRW 50 million shall be paid on June 5, 2014 (hereinafter “instant contract”). Accordingly, Defendant B and the Plaintiff received KRW 75 million from the Plaintiff, and the assignee agreed to pay the remainder of KRW 75 million in the said contract, provided that the remainder of KRW 5 million shall be paid on June 5, 2014 (hereinafter “instant contract”).
b. 2% per month interest on the daily payment. The assignee shall specify that deposit and monthly payment will be responsible for the assignee if it is increased.
C. After June 7, 2013, Defendant B prepared and delivered each of the following contents to the Plaintiff, and Defendant C, D, and E signed and sealed as a guarantee angle.
The location of a place of business: He shall pay, transfer and acquire (120,000,000 won) the deposit, down payment and intermediate payment (120,000,000 won) out of the total purchase price (120,000,000 won) in acquiring the said place of business in a later payment.
Provided, That if the balance (0 million won) is fully paid, the lease contract shall be sub-lease.
Provided, That if the lease problem after the rent or the problem of sub-leases to another person has been disadvantaged to the present business owner (A), then the following persons shall be responsible for: B: Defendant C, D, and E
D. The Plaintiff operated the instant business after being transferred by Defendant B from around that time, and around November 2013.