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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On April 20, 201, the defraudation of money by deception would be made by borrowing KRW 60,000,000 to the Plaintiff and paying KRW 90,000,000 to the Plaintiff within three months from the face of the week. From among the stores of the Seoul Jung-gu building E in Seoul, Jung-gu (hereinafter “instant store”), the letter of performance of confirmation of intention due to the transfer and acquisition of the right of lease (hereinafter “delivery”) was offered as security.
Accordingly, on April 25, 201, the Plaintiff paid KRW 60,000,00 to D on April 26, 2011, but D did not pay the above amount, and the Defendant disposed of the right of lease to the store of this case to a third party.
Therefore, the defendant is liable to pay the above amount and damages for delay to the plaintiff, because the defendant conspireds with D to deceiving the plaintiff, thereby deceiving 60,000,000 won.
B. On April 20, 201, the Plaintiff entered into a contract with D, who represented the Defendant, to take over the right of lease regarding the instant store and paid KRW 60,000,000.
However, the Defendant was unable to perform its obligations under the above contract by disposing of the right of lease on the instant store to a third party.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 60,000,000, which is equivalent to the above contract price, as damages for nonperformance of the obligation as above, and damages for delay.
2. Determination
A. In full view of the overall purport of the arguments in the evidence Nos. 2-2, 6-1, 7-2 of the evidence Nos. 2-2, 6-2 of the judgment on the assertion of fraud, D means that "If D leases KRW 60,000,000 to purchase clothing for the operation of a clothing store, it is necessary to pay money, but if D lends money to the plaintiff and his/her spouse, he/she would transfer the second floor F and G of the E building for which the right of lease is delegated by C (Defendant) to repay KRW 90,000 after three months."