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1. Defendant B: (a) KRW 3,920,000 per annum from August 15, 2013 to August 20, 2014; and (b) August 21, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On March 1, 2012, the Plaintiff leased the three entire floors of the instant building from E, the owner of the instant building, to KRW 20,00,000, KRW 800 monthly rent, and KRW 24,000 until February 28, 2014, respectively, and operated a private teaching institute with the trade name “F” in the part of the instant private teaching institute.
B. On May 13, 2013, the Plaintiff entered into a contract on the transfer of a private teaching institute (hereinafter “instant transfer contract”) with Defendant B, who borrowed the name of Defendant C, with respect to the said private teaching institute operated by the Plaintiff, as follows:
(1) The transfer value of a private teaching institute shall be 12,00,000 won.
(2) The transferee (Defendant B; hereinafter the same shall apply) is not entitled to pay the acquisition amount in lump sum to the transferor (a guardian; hereinafter the same shall apply), and the transferor shall directly receive the tuition from the students of the private teaching institute until the said amount is fully paid.
(3) The transferee shall bear the remainder of 600,000 won, excluding the rent of 200,000 won used by the transferor, among the rent of 80,000 won for the third floor of the building
(4) In cases where a transferor closes down his/her place of business as of May 13, 2013 and transfers all rights to the transferee, the transferee shall pay 12,00,000 won of the transferred amount to be deposited from June 1, 2013 for the purpose of partially appropriating the transferred amount, excluding monthly sales, by excluding the transfer amount.
C. As of May 13, 2013, the Plaintiff discontinued the “F” as of May 13, 2013, and transferred the part of the instant private teaching institute to Defendant B. Defendant B operated the private teaching institute with the trade name “G” in the part of the instant private teaching institute, and completed Defendant D’s business registration by lending the name of Defendant D around July 9, 2013.
Since then, the Plaintiff directly received KRW 12,540,000 as tuition fees, etc. of students of the pertinent private teaching institute by August 31, 2013 under the instant transfer contract, and among them, from May 13, 2013 to May 31, 2013.