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1. Of the judgment of the first instance, the remainder except for the part against the defendant C by the plaintiff shall be modified as follows:
Reasons
1. Basic facts
A. On May 2012, Plaintiff A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting the lease deposit amount of KRW 190 million, monthly rent of KRW 800,000,000,000,000, and from May 31, 2012 to May 31, 2014, on the condition that the remainder (hereinafter “instant building”) of the 1st floor 617.6 square meters on the ground located in Nam-gu Incheon Metropolitan City F from the said Defendant (hereinafter “instant building”). However, the lessee’s name in the lease agreement was written as Plaintiff B (hereinafter “B”) before bankruptcy, not Plaintiff A.
B. After that, Plaintiff A and Defendant C, among the terms and conditions of the instant lease agreement, changed the lease deposit amount to KRW 90 million, and the monthly rent to KRW 9.9 million.
C. According to the instant lease agreement, Plaintiff A was handed over the instant building from Defendant C and registered as a business operator under the name of Defendant C after registering the business under the name of Defendant C (hereinafter “instant marina”). On November 201, 2012, Plaintiff A entered into a contract with Defendant D and E on the transfer of the instant marina (hereinafter “instant transfer agreement”).
As Defendant E’s form of punishment, Defendant C consented explicitly or implicitly to the conclusion of the above contract with Defendant D and E at the time of the instant transfer contract.
Plaintiff
A, upon the conclusion of the instant transfer contract, on November 30, 2012, terminated the instant lease agreement with Defendant C, and delivered the instant building to Defendant C.
E. Around that time, Defendant C leased the instant building to Defendant D at KRW 24 months from December 15, 2012, KRW 190 million as lease deposit, KRW 8 million as monthly rent, and Defendant D and E jointly operate the instant marina from around that time.
F. Defendant D shall pay to B on December 3, 2012 the amount of KRW 39 million to Plaintiff A within six months.