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1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.
The defendant shall make the plaintiff 5,300.
Reasons
1. Facts of recognition;
A. On May 17, 201, the Gangwon-do Educational Institute (hereinafter “Gangnam Educational Institute”) entered into an entrustment agreement with the Emba-M Co., Ltd. to entrust part of the building of the Gangnam University to Amba, Amba-do, Inc. to operate a dormitory restaurant and a scar-si restaurant. On July 21, 201, the said agreement issued to the Nonparty Company a power of delegation to delegate all the authority of the lease agreement for the welfare store in the Gangnam-do Educational Institute.
B. On August 12, 201, the Plaintiff entered into a partnership agreement on the operation of the restaurant and store at Gangnam University, and operated the said dormitory restaurant. On March 20, 2012, the Plaintiff and the Defendant entered into a lease agreement with the Nonparty on the deposit money for KRW 10 million, monthly rent of KRW 1.5 million, and KRW 1.5 million, monthly rent of KRW 1.5 million (Provided, That the Defendant entered into a lease agreement with the Defendant on March 12, 2012 (hereinafter “instant lease agreement”) with respect to each of the instant stores in Gangnam University (hereinafter “each of the instant stores”).
C. On April 4, 2013, the Gangwon-do Private Teaching Institutes sent to the Defendant an official document requesting the suspension of the operation of the store as the contract was terminated due to the termination of the entrusted operation contract for the non-party company’s breach of contract, and filed a lawsuit seeking the termination of the entrusted operation contract for the non-party company, the Plaintiff, and the Defendant on April 24, 2013 and delivery of each part of the building (U.S. District Court 2013Gahap8635).
In the above lawsuit, the Defendant accepted the claim of the Gangnam Institute on October 16, 2013, and delivered each of the instant stores to the Gangnam Institute on December 30, 2013. On December 13, 2013, the Plaintiff is apparent that six months have elapsed since the date when the Gangnam Institute notified the Plaintiff of the termination of the entrusted operation contract with the company.