손해배상
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On May 20, 2017, Defendant B entered into a contract with the Plaintiff on May 20, 2017, under which he leased the building F, G, and H (hereinafter “instant commercial building”) in Gyeyang-gu, Incheon (hereinafter “instant commercial building”) owned by E, and transferred the said commercial building to the Plaintiff for a premium of KRW 15,000,000.
B. On May 20, 2017, the Plaintiff concluded a monetary loan agreement with Defendant B on May 20, 2017, stating that “5,000,000 won out of the lease deposit 30,000,000 won shall be paid on May 20, 2017, and KRW 15,000,000 shall be paid after a week, and KRW 10,000,000 shall be paid after two weeks, and KRW 15,000,000 for the premium shall be paid every three months on an open basis on the basis of an open date.” On May 20, 2017, the Plaintiff concluded a lease agreement with Defendant B on May 20, 201 with respect to the instant commercial building as KRW 30,000,000 for the lease deposit and the instant commercial building as KRW 170,700,00 for each three months.
C. On May 22, 2017, the Plaintiff registered the location of “I” established in his/her name as the instant shopping mall in order to operate the skin business. On June 21, 2017, the Plaintiff reported the instant shopping mall business to Gyeyang-gu Incheon Metropolitan City Office.
On the other hand, on May 25, 2017, J and Defendant B, a de facto spouse of the Plaintiff, received on May 25, 2017 (hereinafter “instant agreement”) a written agreement stating that “I wish to agree on ① issues of common use, ② issues of assault, etc., ③ issues such as J and Defendant B’s speech,” and “I receive KRW 5,00,000,000 out of the premium of KRW 15,000 on the same day,” and “I receive on May 25, 2017,” respectively.
The remainder 10,000,000 won shall be discharged as agreed upon by each other.
“The receipt was written respectively.”
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, 12, 14, 15, Gap evidence 13-1, the purport of the whole pleadings
2. The Plaintiff’s assertion removed the existing singing room in the instant commercial building.