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1.The judgment of the first instance, including partial modifications to claims in the trial, shall be modified as follows:
2. The plaintiff
Reasons
1. Basic facts
A. On February 15, 2012, F entered into a sub-lease agreement with L, which sets forth the sub-lease period from February 15, 2012 to June 27, 2013, which sets forth each of the sub-lease periods from February 15, 2012, to June 27, 2013, and operated the H "H" (hereinafter referred to as the "the instant re-lease") in the name of L, a part of the 1st floor of the 3rd floor of the building, other than Gangseo-gu Seoul Metropolitan Government, G, and two lots of land, other than Gangseo-gu, Seoul, for a deposit of KRW 100 million, monthly rent of KRW 11 million (excluding value-added tax), and operated the H.
B. On October 23, 2012, F and L established a company for the purpose of wholesale, retail, and distribution business, such as agriculture, fisheries, livestock products, industrial products, liquor, clothing, miscellaneous goods, and household goods, on October 24, 2012, in order to convert into a corporation upon agreement to terminate a partnership. L was the representative director of the Plaintiff, and F was appointed as the Plaintiff’s internal director.
After that, as L has retired from office on November 7, 2012, F became the only in-house director, who is the representative of the plaintiff.
C. On November 27, 2012, the Plaintiff entered into a transfer agreement with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the purpose of marina business, wholesale business, retail business, etc., and Defendant D, the introduction of which guaranteed both the Plaintiff and the Defendant Co., Ltd.’s obligations.
The main contents of the above transfer contract and the detailed agreement dated December 12, 2012, embodying it, are as follows:
(2) The Defendant Company shall pay KRW 150 million to the Plaintiff as well as KRW 30 million to the Plaintiff on November 27, 2012, and KRW 20 million to the Plaintiff on December 9, 2012, on the following grounds: (a) the Plaintiff transferred the instant Mart to the Defendant Company the obligation to return the deposit amount of KRW 100 million to the Plaintiff; and (b) the Defendant Company shall pay the Plaintiff the deposit amount of KRW 150 million to the Plaintiff as the facilities and the premium; (c) the down payment of KRW 30 million out of the down payment of KRW 50 million is paid as of December 27, 2012; and (d) the remainder payment of KRW 100 million is paid as of December 12, 2012, and the remainder of KRW 100 million is paid as of December 30, 2012.