불법행위에 의한 손해배상 및 부당이득
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. On September 9, 2004, the Defendant and Nonparty G leased the private letter or 993.83 square meters under the Jung-gu Incheon Building D, Jung-gu, Incheon, with the deposit deposit of KRW 150 million, monthly rent of KRW 14 million. On January 25, 2006, the Defendant and Nonparty G re-leased the said letter or her under the same conditions as the said letter or her, and on January 24, 2006, the Defendant opened the business of Syna (hereinafter “E”), and registered the business on January 25, 2006.
B. On March 17, 2007, the Defendant and G entered into a contract for acquisition of rights with the content that the remaining KRW 800 million should be paid on April 20, 2007 to H and I (hereinafter “I et al.”), and the Defendant and G would preferentially use the down payment to the H and I (hereinafter “I et al.”), but the transferee would waive the right paid as the down payment (including service deposit) and the amount of KRW 250 million for the first down payment, and the amount of KRW 250,000,000,000 for the second down payment and the second down payment to be paid on May 20, 2007. The Defendant and G agreed that the transferee will take up the down payment in the presence of the transferor at the time of the contravention of the contract.
C. At the time of the payment to the Defendant on March 21, 2007, I et al. of KRW 50 million among the instant letter or transfer first down payment, I et al. decided to waive the amount already paid if it is not possible to pay KRW 250 million until April 6, 2007, but only paid KRW 80 million to the Defendant for an additional amount of KRW 30 million thereafter, and did not pay the entire amount of KRW 250 million for the first down payment.
On April 5, 2007, the Defendant paid the amount received from I, etc., KRW 50,000,000,000 as management expenses in arrears for the instant rain, and paid KRW 2,675,00,000 in arrears on April 16, 207.
E. The Plaintiff purchased the instant letter from the Defendant and G with the F, etc., and the sales price I, etc.