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1. Of the judgment of the court of first instance, the part against Defendant D and E shall be revoked, and each of the claims against Defendant D and E by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is a person who served as the president of the medical corporation F (hereinafter “F”) from June 2, 2004 to December 13, 2007, and Defendant C is a person who actually served as the president of the F.
Defendant D is a certified judicial scrivener entrusted with registration affairs by the Plaintiff and F, and Defendant E has worked in the office of Defendant D around 2007.
B. On January 16, 2007, F entered into a lease agreement with the Plaintiff on the following terms (hereinafter “instant lease agreement”) with respect to the buildings listed in attached Form 1 (hereinafter “instant building”) which are the basic property of F, buildings listed in attached Form 2 (hereinafter “instant building”) leased and used by F as the ownership of G, and the corpse room located on the first floor of the instant building No. 1 (hereinafter “each of the instant real estate”), but at the time the lease agreement was not approved by the Mayor/Do Governor with respect to the instant lease agreement.
① Lease object: Period of contract of each of the instant real estate (2) from February 1, 2007 to January 31, 2012; period of contract may be extended thereafter; period of contract between the two parties; period of lease deposit: Amount of KRW 800,000,000; and amount of contract deposit shall be determined as KRW 100,000 ( January 16, 2007); amount of KRW 700,000 for remainder of 700,000 for remainder of 70,000 for remainder of 70,000 for remainder of 70,000 for remainder of 70,000 for remainder of 90,000 for remainder of 90,000 for remainder of 31, 207; and (4) Establishment of chonsegwon: Establishment of chonsegwon to protect the Plaintiff’s deposit for lease;
C. On January 16, 2007, the Plaintiff paid the down payment of KRW 100,000,000 as down payment, and the remainder of KRW 700,000,000 as well as the facility premium of KRW 90,000 as of January 29, 2007, respectively. Defendant E participated in the place where the remainder of KRW 700,000,000 is received, and the Plaintiff and F are 70,000,000 as above.