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1.The judgment of the first instance shall be modified as follows:
Defendant C Co., Ltd. is at KRW 52,940,00,00 from Plaintiff A.
Reasons
1. Basic facts
A. On November 2015, Plaintiff A, while operating a printing company with the trade name of “C”, concluded a provisional contract with Defendant D to transfer the printing company’s business (hereinafter “instant transfer agreement”). Around November 2015, Plaintiff A entered into a provisional contract with the following terms and conditions:
1. Conversion from C to C (legal entity);
2. Conversion from a corporation to a corporation;
3. Proceeds from sale of a corporation shall be the value of mechanical appraisal; and
4. To lease C to the real estate of a species A. C.
5.The present Agreement on the basis of good faith.
Seller: Defendant D
B. On December 21, 2015, Defendant D paid KRW 50 million to Plaintiff A as a down payment for the said transfer.
C. After that, around December 30, 2015, Defendant D established Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).
On the other hand, on January 1, 2016, Plaintiff A and the Defendant Company concluded a lease agreement with the Defendant Company (hereinafter “instant lease agreement”) to lease the leased deposit amounting to KRW 100 million, monthly renting KRW 4 million, and from January 1, 2016 to December 31, 2017, with respect to the office and the aggregate store size of KRW 531.3 square meters (hereinafter “each building of this case”).
E. Around February 29, 2016, Defendant D remitted KRW 150 million to the Defendant Company.
F. The Defendant Company paid KRW 100 million out of the said money to Plaintiff A as a deposit for lease of the instant lease agreement.
G. At that time, the Defendants occupied and used the instant land and each building from Plaintiff A, and the machinery, office fixtures, etc. located within each of the instant buildings (hereinafter “instant machinery, etc.”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if available, including each number), and Eul evidence Nos. 5 and 6.