손해배상(기)
1. Defendant B’s KRW 10 million and its relation to the Plaintiff’s KRW 6% per annum from February 27, 2017 to November 30, 2017.
1. Facts of recognition;
A. On November 18, 2013, Vienna Co., Ltd. (hereinafter “EN”) concluded a trust agreement with Clucco Asset Trust Co., Ltd. and a trust agreement with Non-Party E of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, under which it own owns, and completed the registration of ownership transfer in the name of Clucco Asset Trust (hereinafter “instant building”). < Amended by Presidential Decree No. 2420, Nov. 19, 2013>
The United Nations had installed the interior facilities with the permission of the instant building as a public notice source.
B. On June 5, 2015, Defendant D agreed that the instant building and facilities shall be leased to G from July 6, 2015 to July 5, 2017, and that “Lessee shall enter into a lease contract under the same terms and conditions as the lease contract period is to be transferred to a third party due to unavoidable circumstances in the operation of the lessee.”
G transferred to Defendant B the right to the instant building and facilities (public notice cost) in KRW 100 million on August 18, 2015 under the brokerage of Defendant D.
On November 13, 2015, Defendant B and the instant building and facilities were determined as the period from November 13, 2015 to November 12, 2017.
C. On February 27, 2017, Defendant C entered into a contract with the Plaintiff to transfer the right to the instant building and facilities (public notice source operation right) at KRW 60 million (hereinafter “instant transfer contract”) and paid the remainder of KRW 10 million by March 30, 2017.
Article 4 (2) of the contract of this case provides that "if the transferor or transferee has failed to perform the terms of this contract, the other party may demand in writing the person who has failed to perform the contract and cancel the contract. The other party may demand the other party to pay the penalty in accordance with the cancellation of the contract, and the contract shall be deemed as the basis for the penalty," and Paragraph (3) of the same Article provides that "the transferor shall be deemed as the basis for the terms and