보증채무금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The 11th to the 19th 19th tier of the Seoul Yangcheon-gu building owned by the Defendant (hereinafter “instant building”) between the Defendant and the Crinke Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on November 17, 2010.
(1) As to the lease agreement, the term “10 years from the date of completion of the instant building” and “10 billion won of the lease deposit (2 billion won on the date of conclusion of the contract, and 8 billion won on the starting date of the lease)” (hereinafter “instant lease agreement”) are stipulated as follows:
(2) On April 18, 2012, Nonparty Company succeeded to the status of lessee of the instant lease agreement from CK Group, Inc., and the Defendant consented thereto.
On the same day, the defendant agreed to sublease the building of this case to a third party.
3) Meanwhile, the Defendant received only KRW 3.5 billion out of the deposit money of the instant lease agreement from the CK Group and the non-party company. 4) The Defendant filed a lawsuit against the non-party company claiming the delivery of the instant building on the ground that the non-party company failed to perform its duty to pay the remainder of the lease deposit, and received a favorable judgment, and the above judgment became final and conclusive around that time.
B. On December 2012, 2012, the Plaintiff’s employee A entered into a sublease contract between Nonparty Company and the Plaintiff with respect to KRW 1211,00,000,000,000 among the instant building. On December 3, 2012, the Plaintiff paid KRW 170,000,000 to Nonparty Company. (2) On August 8, 2013, the Plaintiff succeeded to the former lessee status of the said sublease contract, and entered into a sublease contract (hereinafter “instant sublease contract”) with Nonparty Company with the same content as the said sublease contract.
3. Meanwhile, the Plaintiff’s claim against the non-party company as Seoul Central District Court 2014Gahap5481.