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1. The Defendant shall pay to the Plaintiff KRW 37,00,000 and the interest rate of KRW 12% per annum from December 27, 2018 to the date of full payment.
Reasons
1. Facts recognized;
A. On August 30, 2012, C Co., Ltd. (hereinafter “C”) leased F 1st floor bowling (hereinafter “instant bowling”) in Busan-gu E to D (Lessee; hereinafter “D”). The term of the lease was from September 1, 2012 to August 31, 2014, and was later renewed or extended, and finally terminated on August 31, 2018.
B. On October 9, 2014, the Defendant entered into a car page transfer contract (hereinafter “the instant car page contract”) with D to transfer a car page (area 74.24 square meters; hereinafter “the instant car page”) with the trade name “G,” and to transfer the instant car page operation right to the Plaintiff. On October 9, 2014, the Defendant agreed to transfer the instant car page operation right to the Plaintiff, and entered into a car page transfer contract with the Plaintiff, with the content that the Plaintiff transfers all of the instant car page’s rights to KRW 160,000,000 for transfer price (hereinafter “the instant car page transfer contract”), and accordingly, the Plaintiff paid the Defendant KRW 160,00,000 for the said transfer price to the Defendant.
C. On November 12, 2014, the Plaintiff entered into a sublease contract with D and the instant car page (hereinafter “instant sublease contract”) with the period from November 17, 2014 to November 16, 2016, and the said sublease period was renewed or extended thereafter.
On November 12, 2014, the Defendant drafted to the Plaintiff a letter of undertaking (Evidence A 2; hereinafter “instant letter of undertaking”) stating that “When the lease period of the lessee (sub-lessee) for the instant car page becomes a period of not more than five years, the lessee shall be responsible after depreciating the premium.”
E. After that, upon the termination of the instant lease agreement between C and D on August 31, 2018, the instant sub-lease agreement between D and the Plaintiff was terminated. Accordingly, the Plaintiff delivered the instant car page to D on September 18, 2018, and D around September 20, 2018.