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1. The defendant shall pay to the plaintiff (appointed party) KRW 20,000,000, and KRW 10,000,000 for each of them.
Reasons
1. Determination on the cause of the claim
A. On December 20, 2016, the Defendant leased the first and second floors underground of the building located in Gwanak-gu in Seoul Special Metropolitan City from F Co., Ltd. (G) and takes public bath (hereinafter “instant bath”) with the trade name “H” at the same place.
(1) The Defendant concluded a contract with the Plaintiff on January 23, 2017, to receive the deposit money of KRW 15,000,000 on January 10, 2017, and to receive the deposit money of the former lessor deposit of KRW 20,00,000,000 (in addition to KRW 5,000,000), the cash receipt of KRW 23,00,000,00 in cash receipt of KRW 23,00,00,000 in the name of the Defendant’s wife account transfer to the J bank account under the name of the Defendant’s wife ( KRW 30,00,000), and concluded a contract with both the Plaintiff and the Defendant (the Plaintiff’s designated Plaintiff’s Plaintiff’s 1 and the Plaintiff’s designated Plaintiff’s 10,000,00,000 as the remainder of the deposit money of KRW 40,00,00,00).
(3) On November 6, 2017, the Defendant entered into a contract with K (C) for the transfer of the right to lease and the right to operate the bath of this case to KRW 120,000,000 in total (i.e., KRW 80,000,000, such as the right to use the bath facilities of this case) (i.e., KRW 40,000,000). (ii) The Plaintiff et al. demanded the Defendant to return the deposit under the contract for the use of the bath facilities of this case, and filed a lawsuit against the Defendant seeking the payment of the deposit.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 and 2 (including provisional number), witness L's testimony, the purport of whole pleadings
B. According to the facts of the judgment 1 above, the defendant lost the right to use various facilities within the bath of this case by transferring the right to lease and the right to operate the bath of this case, and thus, the plaintiff et al. has lost the right to use the various facilities within the bath of this case.