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1. Defendant B shall pay to the Plaintiff KRW 237,496,728 and the interest rate of KRW 15% per annum from May 25, 2017 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B is a person who had been engaged in wedding business under the trade name of “E” at the 5th and 6th floor of Sungnam-si Branch of Seoul Metropolitan City.
B. On August 1, 2014, the Plaintiff leased a deposit of KRW 400,000,000 from Defendant B, and on the following terms and conditions, and paid the lease deposit amount of KRW 200,000,000 to Defendant B, respectively, on July 11, 2014 and August 1, 2014.
3. Defendant B shall pay to the Plaintiff and F the price of beauty and dice as set out below:
Main-type Meck business & Track: 155,000 won per case for outdoor Meck business and Mecks: 100,000 won per case (Additional Meck)
4. Convention compensation: From 12 a.m. to 30 p.m. (200,000 won per case).
C. On August 1, 2016, Defendant C acquired the business license of “E” from Defendant B in KRW 1,300,000,000, and runs a wedding business in the same place as “G”.
On August 20, 2016, the Plaintiff and F received KRW 25,000,000 from Defendant C, and delivered the beauty room and dice room to Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, Eul evidence Nos. 3, 4, 5, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings
2. As Defendant B led to the confession of all the Plaintiff’s assertion, Defendant B is obligated to pay to the Plaintiff a lease deposit and beauty art, dice price of KRW 237,496,728 [Attachment 400,000,000, dice price of KRW 74,93,456] x 1/2 of the Plaintiff’s share x (1/2 of the Plaintiff’s share ] and damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 25, 2017 to the date of delivery of a copy of the application for change of the claim.
3. Determination as to the claim against Defendant C
A. The summary of the cause of the claim lies in the Plaintiff, jointly and severally, pursuant to Article 42(1) of the Commercial Act, since Defendant C acquired the E business from Defendant B by transfer and belongs to its trade name.