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1. The Defendants jointly share KRW 166,00,000 with respect to the Plaintiff and the period from May 29, 2013 to May 17, 2016.
Reasons
1. Facts of recognition;
A. On May 2013, the Plaintiff, a person operating an E dental hospital in the fourth floor of the Gangnam-gu Seoul Building (hereinafter “instant dental hospital”), was aware of Defendant C, the representative director of F, a corporation specializing in hospital consulting, through the Internet, while being recognized as several routes to transfer the business rights of the instant dental hospital in the middle of May 2013.
B. Around May 29, 2013, the Plaintiff requested Defendant C to identify the person to take over the dental hospital. Defendant C introduced Defendant B as the assignee of the hospital, and proposed that the Plaintiff entered into a contract for taking over the goodwill of the instant dental hospital with the Plaintiff while having received all delegations from Defendant B on the transfer of the hospital, and the Plaintiff entered into a contract for taking over the goodwill of the instant dental hospital with the Defendants (hereinafter “instant contract”).
C. The instant contract: (a) the Plaintiff transferred the Plaintiff’s right to the instant dental hospital to the Defendant B, and paid KRW 180 million to the Plaintiff by May 31, 2013; and (b) the Plaintiff was to simultaneously implement the transfer of goodwill and the payment of the remaining amount.
However, in the process of concluding a contract, the Defendants, “The transfer price is expected to receive a credit loan from a bank, and the bank loans come from around June 13, 2013, at the time of the conclusion of the contract. As a security for payment, the bill Notarial Deed is prepared, and as a security for payment, the bill No. 1 is trusted and first transferred the entire hospital business rights around May 31, 2013, requesting the transfer of the instant dental hospital’s business rights.”
E. The Plaintiff beliefed the Defendants, and transferred the instant dental hospital business license to around May 31, 2013 in accordance with the terms and conditions of the contract. Defendant B shall pay the contract deposit of KRW 10 million on the date of the contract, and KRW 140 million on the balance, as of June 14, 2013, and KRW 30 million thereafter.