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1. The Defendants jointly share the amount of KRW 185 million to the Plaintiff, as well as the period from June 1, 2015 to June 16, 2016.
Reasons
1. Facts recognized;
A. On April 26, 2014, E (hereinafter referred to as “building owner”) entered into a lease agreement with Defendant D on the lease deposit amounting to KRW 300 million, monthly rent of KRW 10 million, and KRW 5,000,000 from April 26, 2014 with respect to G ground buildings owned by Defendant D (hereinafter “instant building”). Defendant D paid the full amount of the deposit deposit to the building owner and operated the H funeral hall in the instant building.
B. On February 3, 2015, Defendant D transferred the above right of lease to Defendant B, and the terms and conditions of such transfer were 30 million won, monthly rent of KRW 10 million, and six years from February 3, 2015.
On February 28, 2015, the building owner notified Defendant D and B of the fact that he/she had a funeral home facility and leased it under any pretext in relation to the funeral home facility and house, and that he/she would not consent to the transfer of the right of lease, and received monthly rent from Defendant B.
However, when Defendant D transferred the right of lease to Defendant B, it drafted a written contract in which the amount of KRW 190 million is to be paid as the funeral home business premium (facility premium). Defendant D’s amount received from Defendant B as facility premium was much less than KRW 190 million as stated in the written contract.
C. On May 20, 2015, Defendant B again transferred the right of lease acquired from Defendant D with respect to the instant building to Defendant I (hereinafter “Plaintiff”) and agreed to obtain the consent of the transfer of the right of lease from the owner of the building on May 28, 2015, setting the lease deposit amount of KRW 300 million, monthly rent of KRW 10 million, and the lease term of KRW 50 million from June 1, 2015, and KRW 185 million, which is the remainder date.
Therefore, the Plaintiff deposited down payment of KRW 50 million to the account in the name of the wife of Defendant C, which was introduced from Defendant B to the partner.