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1. Defendant C: (a) on September 17, 2012, the Incheon District Court Branch Branch of the District Court with regard to each real estate listed in the separate sheet to the Plaintiff.
Reasons
1. Basic facts
A. On April 26, 2012, the Plaintiff, as the owner of each real estate listed in the separate sheet used as accommodation (hereinafter “the instant cartel”), contracted to Nonparty D, the husband of Defendant C, for a large-scale repair of the instant cartel (hereinafter “instant construction”) at KRW 750 million to Nonparty D, who is the husband of Defendant C, for a cost of KRW 750 million.
B. At the time of the conclusion of the instant construction contract, the Plaintiff and D agreed that D shall lease the instant franchise from the Plaintiff for KRW 300 million, and that D shall pay only KRW 450 million out of the construction price and the payment of the construction price and the deposit to D, and the remaining KRW 300 million shall be deemed to have been paid again as the lease deposit and returned at the time of termination of the lease.
Accordingly, while concluding the above construction contract, the Plaintiff first paid KRW 50 million to D.
C. On May 24, 2012, D had led the establishment of E Co., Ltd. (Representative F, Defendant C, and hereinafter “E”) on May 24, 2012 while carrying out the instant construction, and on June 27, 2012, D drafted a construction contract agreement between the Plaintiff and the contractor, setting the Plaintiff as the contractor and E as the contractor, and setting the contract amount at KRW 750,000,000 (Ga evidence 9).
On the other hand, D suggested that Defendant B, who operated a lodging facility in another place, would have the instant construction cost of KRW 300 million after the completion of the construction work, leased and operated the instant telecom with the Plaintiff instead of the lease deposit.
In response, from June 5, 2012 to July 29, 2012, Defendant B remitted 39,420,000 won to D as the removal factory and wood wage, etc., and on August 7, 2012, Defendant B delivered total of KRW 280,000,000 as the check and paid KRW 319,420,000 won.
The lessor of a monthly rent contract for a building (No. 7): The Defendants’ deposit amount: KRW 300 million per month: The period of KRW 14 million per month: The commencement of construction works for a special agreement between September 20, 2012 and September 20, 2014.