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1. Defendant C’s KRW 24,300,000 as well as 5% per annum from March 7, 2019 to September 22, 2020, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On June 8, 2007, Defendant C newly constructed the Pyeongtaek-si D building (hereinafter “instant building”). On November 28, 201, the use of the first floor of the instant building was changed from Class I neighborhood living facilities (wons) to Class II neighborhood living facilities (general restaurants), and thereafter, on the building ledger of the instant building, the first floor is divided into Class II neighborhood living facilities (general restaurants), the second floor is 102.5 square meters, the second floor is 63.98 square meters into multi-family houses, the second floor is 4.5 square meters into Class I neighborhood living facilities (wons), the third floor is 57.24 square meters into multi-family houses, and the fourth floor is 4.97 square meters into multi-family houses.
B. From July 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) where Defendant C’s East E serves as the representative director, operated a coffee shop (hereinafter “instant store”) with the trade name “F” from around July 2014. The third floor of the instant building was used as an employee’s lodging, and the first and second floors were used as a coffee shop.
C. The second floor of the instant building has no independent entrance, allowing access only through the first floor, and it has the structure to lease and use the first floor and the second floor together.
On November 5, 2014, the Plaintiff entered into a contract with the Defendant Company to take over the tangible value of the instant store’s business facilities, fixtures, facilities, etc. and intangible value of business rights in KRW 125,00,000 (hereinafter “instant premium contract”), and paid the Defendant Company the down payment of KRW 14,000,000 on the date of the contract, and the remainder of KRW 111,00,000,000 on November 14, 2014.
E. Meanwhile, the Plaintiff is above D.
In the same date and time as set forth in subsection (1) and at the same place with Defendant C, the Plaintiff’s lease deposit amounting to KRW 60,000,000, monthly rent of KRW 2800,000, and the lease term of KRW 2,800,000, from November 14, 2014 to November 14, 2017.