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1. The part against Defendant B in the judgment of the first instance shall be modified as follows:
Defendant B’s KRW 15,00,000 and KRW 15,000.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:
Defendant B is the mother of Defendant C.
B. The Plaintiff was a lessee who entered into a lease contract with D with a deposit amounting to KRW 10 million with respect to the right-hand shop of the first floor (hereinafter “instant store”) among buildings with a lot of land of 173.4 square meters in Jung-gu, Seoul.
C. Around August 31, 2016, the Plaintiff entered into a contract with Defendant B to transfer the right to lease on the instant store in the amount of KRW 22 million with Defendant B, and the Plaintiff agreed that Defendant B, on September 20, 2016, paid to the Plaintiff a down payment of KRW 1 million on the date of the contract, the intermediate payment of KRW 6 million on September 20, 2016, and the interest rate of KRW 2% on July 31, 2017, with each of the remainder of KRW 15 million, and at the same time, Defendant B paid part payments, and entered into a lease agreement with D on the said store.
(hereinafter “instant acquisition agreement”). D.
Defendant B paid the Plaintiff the down payment of KRW 1 million on the date of conclusion of the instant transfer agreement, and paid the Plaintiff the intermediate payment of KRW 6 million on September 20, 2016.
E. On September 20, 2016, Defendant C entered into a lease agreement with Defendant C to rent the instant store in KRW 10 million, monthly rent of KRW 400,000,000.
F. On October 4, 2016, the Plaintiff and Defendant B drafted a performance note (No. 2, hereinafter “instant performance note”) as follows.
Plaintiff / Obligor / Surety F/ Japan: 15,000,000 won
1. The debtors jointly and severally borrow the above borrowed money to the creditors on September 20, 2016. The debtors agreed to pay the borrowed money to the creditors as collateral and the fixed interest on the premium and the time facility for the store of this case, and to pay the borrowed money without delay until July 30, 2017. The debtors are liable to the guarantor when they are unable to repay the borrowed money.