채무부존재확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 20, 2018, the Plaintiff and the Defendant: (a) concluded a lease agreement with the Plaintiff on April 18, 2016, stipulating that the Plaintiff shall pay the lease deposit amount of KRW 200 million from the wife E apartment F (hereinafter “instant apartment”) from the Plaintiff to June 28, 2020; (b) the lease deposit amount of KRW 10 million from June 29, 2018 to June 28, 2020; and (c) the remainder of KRW 190 million from the lease deposit on the date of the contract; and (d) the Defendant shall pay the remainder of KRW 190 million to the Plaintiff on June 29, 2018 (hereinafter “instant lease agreement”).
B. Under the instant lease agreement, the Defendant paid KRW 10 million to the Plaintiff by June 9, 2018.
C. On June 29, 2018, the date on which the Defendant’s obligation to pay the remaining deposit against the Plaintiff under the instant lease agreement was fulfilled, which was the date of performing the Plaintiff’s obligation to deliver the instant apartment to the Defendant.
However, the plaintiff could not pay the balance of the apartment of this case that he purchased at that time, and the defendant eventually became unable to move into the apartment of this case.
Accordingly, on June 29, 2018, the Plaintiff and the Defendant agreed to the effect that “The Plaintiff and the Defendant shall pay KRW 25 million (hereinafter “instant agreement”) totaling KRW 25 million to the Defendant for damages (such as expenses for directors, expenses for moving-in storage, consolation money, etc.) incurred due to the Plaintiff’s failure to obtain notification that it is impossible for the Defendant to implement the instant lease agreement prior to the Plaintiff’s misunderstanding of the apartment as the Plaintiff’s director’s misunderstanding of the instant apartment.” In accordance with the instant agreement, the Plaintiff paid KRW 10 million to the Defendant on the day of the instant agreement.
E. The Plaintiff secured the remainder of KRW 15 million, excluding the remainder of KRW 10 million paid out of the above KRW 25 million, by the Defendant on June 29, 2018.