기타(금전)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 4, 2007, the Plaintiff entered into a contract with the Defendant to sell shares in the Seocho-gu Seoul Metropolitan Government (hereinafter “instant store”) 156,418,095 won (including value-added tax 11,183,095 won, 31,23,000 won of the down payment on the contract date, 22,617,000 won of the intermediate payment on December 4, 2007, and 102,568,095 won of the balance on January 4, 2008) (hereinafter “instant sales contract”).
The Plaintiff paid KRW 98,418,095 out of the sales price to the Defendant by January 8, 2008.
On December 25, 2007, with respect to the store of this case, the Plaintiff and the Defendant drafted a lease agreement with the lessor, the Defendant, the lessee, the deposit amount of KRW 20,000,000 per month, and the rent of KRW 1,00,000 per month (payment on December 27), and the name order date of the store of this case on December 26, 2007 and the lease contract term of 12 months (hereinafter “instant agreement”).
【Ground of recognition】 The fact that there has been no dispute, A2 through 6, and the purport of the whole pleading
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff leased the instant store amounting to KRW 58,00,000 under the instant sales contract (i.e., KRW 156,418,095 - KRW 98,418,095 - KRW 98,095) to the Defendant at KRW 20,000,000, monthly rent of KRW 1,000.
The account payable for sale price of KRW 58,000,000 shall be appropriated for the account payable for sale price of KRW 80,000,000 from January 25, 2008 to August 25, 2014, since the Plaintiff agreed with the Defendant to lease the store of this case to the Defendant and appropriate it from the monthly rent, the amount of KRW 58,00,000 shall be appropriated for the account payable for sale price of KRW 80,00.
The Defendant shall pay to the Plaintiff the remainder of KRW 22,00,000 (= KRW 80,000,000 - KRW 58,000,000) and KRW 1,00,000 per month from August 26, 2014 to the time the Defendant leaves the instant store.
B. The following circumstances acknowledged in addition to the overall purport of the evidence admitted prior to the determination, and the instant agreement was made prior to the remainder date stipulated in the instant sales contract.