(영문) 대구지방법원경주지원 2017.05.30 2016가단12208

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Reasons

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(영문) 대구지방법원경주지원 2017.05.30 2016가단12208

매매대금

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1. The Defendant’s KRW 30,000,000 and annual interest thereon from September 8, 2015 to May 30, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2, 2014, the Plaintiff leased one story of the E-owned commercial building (hereinafter “instant building”) from the old-si, Nowon-si, Seoul, and D (hereinafter “non-party lessors”), KRW 30 million in lease deposit and KRW 3 million in rent, and around that time, paid the above lease deposit to the non-party lessors (hereinafter “the instant lease deposit”). The Plaintiff operated the party headquarters (hereinafter “the party headquarters”).

B. On September 7, 2015, the Plaintiff transferred the right of operation of the party headquarters of this case to the Defendant, including the right of lease and fixtures regarding the building of this case.

On the other hand, on September 7, 2015, the plaintiff, the non-party lessor (the non-party F) and the defendant agreed to manage the overdue rent and the lease deposit between the plaintiff and the new lessee, who are the previous lessee of the building of this case. Specifically, the defendant agreed to pay the non-party lessor the remaining overdue rent of KRW 16.5 million to the non-party lessor by September 14, 2015, and the non-party lessor directly pays the lease deposit of this case to the plaintiff on behalf of the non-party lessor.

(A) The Plaintiff delivered the instant building to the Defendant on September 7, 2015.

C. Around February 2016, the Plaintiff filed a lawsuit against D, among the non-party lessors, seeking the return of the lease deposit amount of KRW 30 million,00,000,000,000,000,000,000,000,000 against D, but this court dismissed the Plaintiff’s claim on February 7, 2017, on the ground that “the Plaintiff, non-party lessors, and the Defendant agreed to pay the deposit of KRW 30,00,000 to the Plaintiff directly,” and the said judgment was finalized on February 28, 20

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant of this case is the plaintiff.

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