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1. The Defendants jointly share KRW 268,952,338 with respect to the Plaintiff, and the period from March 11, 2019 to September 27, 2019.
Reasons
1. Basic facts
A. 1) The Defendants, from D on March 24, 2018, are the Plaintiff’s land E and above ground Felur (hereinafter “instant telecom”).
(2) The sales price is KRW 2,370,000,000, and the down payment is KRW 200,000,000,000,000 for intermediate payment, KRW 300,000,00 for intermediate payment, and the remainder KRW 1,870,000,000 for intermediate payment, as of April 6, 2018, respectively, shall be paid to April 26, 2018; and the instant franchise shall be delivered on April 26, 2018 (hereinafter “instant sales contract”).
(2) The Defendants paid the purchase price to D in accordance with the instant sales contract, and on April 27, 2018, the registration of ownership transfer was completed in the future of Defendant B and Defendant C with respect to the share of 6/10 of the instant franchise.
B. On March 24, 2018, the Defendants concluded a brokerage and consulting service contract with G Co., Ltd. (hereinafter “G”) regarding the instant franchise sales contract.
C. On the other hand, around April 10, 2018, the Plaintiff entered into a lease agreement with D and this case’s mother, setting the lease deposit of KRW 300,000,000, monthly rent of KRW 13,000,000 (excluding value-added tax), from April 27, 2018 to April 26, 2020.
1) On April 30, 2018, the Plaintiff concluded a lease agreement with the Defendants who purchased the instant cartel, on the following terms and conditions as stated in the lease agreement as to the instant cartel (hereinafter “instant lease agreement”).
(1) The lessor and the lessee will pay the deposit and rent as follows, by agreement, only for the lease of the above real estate. The deposit amount of KRW 300,000,000 (the remaining amount of KRW 300,000,000) shall be paid on April 30, 2018.
(i)The rent of KRW 13,00,000 shall be paid monthly 30.0 (Postpayment) The rent shall be delivered by the lessor, by April 30, 2018, to the lessee by April 30, 2018, in the condition that the above real estate can be used for the purpose of the lease, and the term of the lease shall be for 24 months from the date of delivery.