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1. Of the judgment of the court of first instance, the part concerning the plaintiffs is modified as follows. A.
The defendant's assertion is against the plaintiffs.
Reasons
Basic Facts
The Plaintiff B borrowed money several occasions from the Defendant, and on January 8, 2015, the Plaintiffs issued a promissory note with a face value of KRW 2 billion in order to secure the Plaintiff’s obligation to borrow money from the Defendant, and on the same day, drawn up a notarial deed of promissory notes (hereinafter “instant promissory note”) or a notarial deed of promissory note (hereinafter “instant promissory note”) with a notary public, a law firm, a notary public, under the 2015 Deed No. 3.
The Plaintiff B, prior to the F’s operating right, operated a coffee shop (hereinafter “F”) with the trade name “F” in three units, including M building 102 and 103 (hereinafter collectively referred to as “instant real estate”) and the same building 101 (hereinafter referred to as “101”) adjacent thereto, which was owned by D. However, around March 2014 for the purpose of securing the loan obligation, the Plaintiff B transferred its operating right to the instant camera to the Defendant around March 2014.
In addition, on April 5, 2014, Plaintiff B obtained the right of representation from Plaintiff D and Plaintiff A, the owner of the instant carpet building, respectively, and completed the following lease agreement with Plaintiff D and Plaintiff B as lessor, and Plaintiff G as Defendant’s employee G lessee, and delivered it to the Defendant:
hereinafter referred to as "the instant lease agreement"
(2) However, a lessor and a lessee under the instant lease agreement did not actually receive any deposit or rent as stipulated in Article 3 of the instant lease agreement. However, even though a lease agreement was concluded on March 11, 2014 on the date of the lease agreement, it would be retroactively applied upon mutual agreement by entering into a lease agreement as follows: (a) the term of the lease agreement stipulated in Article 2 (Period of Lease) shall be five years from March 10, 2014 to March 10, 2019; and (b) the lessor shall guarantee the lessee’s goodwill for five years. Article 3 (Lease Deposit and Monthly Rent Rent) the deposit for the lease agreement shall be KRW 50 million, and the monthly rent shall be KRW 5 million (including value-added tax, and the rent shall be determined.