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1. Of the instant lawsuit, 150,000,000 won and damages for delay shall be dismissed.
2. The defendants are the defendants.
Reasons
1. Basic facts
A. In around 1988, the Plaintiff leased approximately KRW 100 square meters among the first floor of the D-ground buildings owned jointly by the Defendants from Defendant B (the agent of Defendant C) (hereinafter “instant building”).
(hereinafter “instant lease agreement”). B.
The instant lease agreement was renewed on December 31, 2004 and renewed on December 31, 2004, and the lease deposit was increased to KRW 300 million and KRW 3.6 million per month, and Defendant B was paid KRW 300 million on the same day to the Plaintiff.
C. The Plaintiff, along with the Plaintiff’s wife E, engaged in the clothing sales business under the trade name “F” from the instant building until June 2003. From July 1, 2003, the Plaintiff engaged in the cosmetic wholesale and retail business under the trade name “G”.
On August 2012, the Plaintiff decided to transfer the right to lease of the instant building to the Yel Telecom Co., Ltd. (hereinafter “Yel Telecom”), and entered into a contract on the transfer of the right to lease and the facilities of the instant building to KRW 450 million in the name of the E on August 23, 2012, by transferring the whole of the right to lease and facilities of the instant building to the premium amounting to KRW 450 million.
E. On October 4, 2012, Defendant B, consenting to the transfer of the above right of lease, entered into a lease agreement with the said building by setting the lease deposit of KRW 350 million, monthly rent of KRW 7.8 million, and the lease term from November 15, 2012 to November 14, 2014.
Accordingly, the instant lease agreement between the Plaintiff and the Defendants was terminated.
F. On October 9, 2012, the Plaintiff received premium of KRW 450 million from the Yel Telecom. On November 9, 2012, the Plaintiff handed over the instant building to the Homan Telecom on November 2012.
G. On November 16, 2012, the Plaintiff decided to waive KRW 150 million, among the premium received from the elcom on November 16, 2012, and on October 31, 2009, the Plaintiff borrowed KRW 150 million from the Defendant B on October 31, 2009.