1. The Defendant’s KRW 100,000,000 as well as 6% per annum from March 24, 2014 to September 5, 2014 to the Plaintiff.

Basic Facts

On July 15, 2009, the Defendant, such as a contract for transfer and takeover of a business entity, leased (hereinafter “instant lease contract”) the 50,000,000 won of the lease deposit for the building in Gangnam-gu Seoul (hereinafter “instant building”) from C from July 15, 2009, and one year from July 15, 2009 to July 7, 2010, operated the skin management shop (hereinafter “instant 1”) with the trade name “E” from the instant building.

On April 24, 2010, the Defendant entered into a contract for transfer and takeover of a business entity (hereinafter “instant contract”) that transfers all rights to the business and facilities of the instant No. 1 to KRW 285,000,000 for operating premium. Around that time, the Defendant received total amount of KRW 285,000,000 from the Plaintiff and transferred all the business related to the instant No. 1 for the Plaintiff.

In the process of transferring the right to lease of the building of this case, the Defendant: (a) obtained consent from C to the transfer of the right to lease of the building of this case; (b) granted the lease deposit of KRW 50,000,000, monthly rent of KRW 3,000,000, and the lease term of KRW 1 year from April 30, 2010; (c) granted the lease contract of April 30, 2010, indicated as the lessorF and three others, the lessee, and G.

On September 9, 2010, C, the lessor of the instant building, and F, H, and I, the co-owner of the instant building, sent to the Plaintiff a document evidencing that “The Defendant transferred the instant building to the Plaintiff without the consent of the lessor, in violation of the prohibition clause against the lease of the instant lease and the prohibition clause against the transfer of deposit money,” and thus, notified the Defendant of the termination for this reason, and the Plaintiff and the third party should deliver the instant building to the Plaintiff.”

The Plaintiff, around December 2010, did not obtain any consent from the Defendant on the fact that “the Defendant transferred or sub-leaseed the lease from the lessor C.”