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1. The Defendant (Counterclaim Plaintiff) paid to the Plaintiff (Counterclaim Defendant) KRW 77,677,809 and its payment from June 12, 2014.
Reasons
1. Basic facts
A. On September 30, 201, the Plaintiffs entered into a lease agreement with E as to 35,00,000 won for Cheongju-gu D 101 (hereinafter “instant store”), monthly rent of KRW 1,50,000 for 1,50,000 for Cheongju-gu (payment on January 1), and from October 1, 201 to September 30, 201 for the term of the lease (hereinafter “instant lease agreement”), and operated a restaurant in the instant store by scoo-gu.
B. The Plaintiffs, at the instant store, engaged in a cafeteria business, and installed electricity and groundwater development works, various lighting and heating facilities, etc.
C. The Defendant purchased the instant store from E on March 30, 2012, and completed the registration of the Defendant’s name as to the said store on April 9, 2012.
The Defendant stated that the Plaintiff should pay the tea in order to operate the restaurant more at the instant store, and the Defendant refused this, and the Defendant expressed to the Plaintiffs that he did not intend to maintain the instant lease agreement, and the Plaintiffs ordered the Defendant to issue the instant store around May 2012.
E. As above, at the time of ordering the Defendant to issue the instant store, the remaining facilities, etc. (hereinafter “instant facilities”) as indicated in the attached list remain at the instant store. However, although the Defendant intended to give the Plaintiff B a KRW 50,000,000 in return for the said facilities, the Plaintiff B rejected such order.
After June 2012, the Plaintiffs and the Defendant re-consulted with the amount equivalent to the price of the instant facilities, but it was not well-founded. The Plaintiffs did not restore the instant facilities to their original state and ordered the Defendant to order the instant stores, but received the price for the said facilities from the lessee who newly enters the instant stores.
F. From November 15, 2012, the Defendant used the instant facilities at the instant store from November 15, 201 to the Plaintiffs as “F.”