손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 113,122,99 as well as 20% per annum from February 29, 2012 to the day of full payment.
1. Determination as to the cause of claim
A. Facts of recognition 1) The Defendant is a Lestop building located in Yongsan-gu Seoul Metropolitan Government D (hereinafter “instant building”) from C on December 29, 2010.
(2) Around June 2011, the Defendant: (a) determined and leased KRW 130 million to the Plaintiff as a deposit; (b) concluded that, “Around June 2011, the Plaintiff was liable to pay half of the amount of the premium to the Plaintiff because it was in the process of construction in order to start the instant building by leasing the instant building; (c) the Plaintiff made investments by 50% as a trade partner; and (d) the profit was distributed by 50%. In the meantime, the Plaintiff paid KRW 100,000,000 to the pre-paid business operator; (d) paid KRW 70,000,000 to the pre-paid business operator; and (e) paid KRW 80,000 as the construction cost.”
3) However, the Defendant, at the time, paid only KRW 100 million as the deposit for the lease of the building of this case to C, but did not pay the money for the premium and construction cost. The Defendant did not have any intention or ability to operate Lestoc in a normal manner, such as failure to pay the balance of the deposit for the lease of the building of this case or the construction cost. 4) As above, the Defendant, by deceiving the Plaintiff, received money directly from the Plaintiff or had the Defendant pay the money to the creditors of the Defendant (hereinafter “the payment of this case”). The sum of the amount is KRW 154,483,02 (hereinafter “the payment of this case”). The specific content is as indicated below.
On June 10, 201, when receiving lease deposit from the Plaintiff to the Defendant’s account, on June 10, 201, 1201, the deposit was transferred to the Plaintiff for the temporary deposit amount of KRW 50,000,000, and on July 12, 2011, the deposit was transferred to the Plaintiff to the lessor’s account, and on July 17, 2012, the rent of KRW 400,000 on July 13, 2012, the amount of rent of KRW 40,000 on July 13, 2012, the Plaintiff paid the construction price (EF) to the Plaintiff to the construction business operator on July 15, 2012, the amount was transferred from the Plaintiff’s premium of KRW 6,00,000 to the Defendant’s account on July 14, 201, and the construction price was paid to the Plaintiff (EF) to the construction business operator on July 14, 20000.