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1. The Defendants jointly share the Plaintiff with KRW 2 million and the remainder thereof from January 27, 2016.
Reasons
1. Basic facts
A. On July 1, 1998, the Plaintiff entered into a lease agreement between F and F on setting the deposit amount of KRW 20 million and KRW 1 million per month of rent as KRW 38,000,000,000 in the Gangnam-gu Seoul Metropolitan Government G Ground Building H (hereinafter “instant store”) between F and F. From that time, the Plaintiff engaged in the cosmetics retail business with the trade name “I” at the instant store.
B. On April 26, 2013, with respect to the building in Gangnam-gu Seoul, where the instant store was located, the registration of transfer of ownership was completed on the ground of donation in the future between F’s spouse and the Defendants, who are children. On May 2013, the Plaintiff entered into a lease agreement with the Defendants on the terms that the instant store was leased by setting the deposit amount of KRW 50 million between the Defendants, KRW 2 million monthly rent, and KRW 2 million from March 26, 2013 to November 30, 2014; and on November 30, 2014, the lease agreement was concluded between the Defendants and the Defendants on the terms and conditions that the instant store was leased by setting the lease deposit amount of KRW 50 million from March 26, 2013 to November 30, 2015 (hereinafter “each of the instant lease agreements”).
C. On August 12, 2015, the Defendants notified the Plaintiff that they would not renew the instant lease agreement. D.
On September 18, 2015, the Plaintiff entered into a contract on the transfer of premium (hereinafter “instant premium contract”) with J on the following grounds: (a) the Plaintiff entered into a contract with J on September 18, 2015 on the retail store of cosmetics operated by the Plaintiff at the instant store; (b) KRW 130 million on September 18, 2015; and (c) the remainder KRW 100 million on November 30, 2015; and (d) the Plaintiff is liable for the guarantee of a definite lease relationship with J in return for the premium; and (e) the Plaintiff was paid KRW 13 million from J on the same day.
E. On October 2, 2015, the Plaintiff (around October 2, 2015, the Defendants knew of the conclusion of the instant premium contract and requested the J to become a new lessee under the said contract and to enter into a lease agreement on the instant store.