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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 30, 2007, the Defendant sold the entire facilities in the instant marina to D on October 30, 2007, all of the facilities located in the instant marina to D while operating the marina on the 101st floor of the Seodaemun-gu Seoul metropolitan apartment commercial building owned by the Defendant (hereinafter “instant marina”), and on November 9, 2007, leased the instant marina at KRW 150,000,000, and KRW 14,200,000 per month of rent.
B. Around May 16, 2008, D operated the instant marina, and transferred the status of the instant marina and the right to the instant marina facilities to the Plaintiff. On May 25, 2008, D concluded a contract with the Plaintiff on the 25th of the same month with respect to the instant marina, setting the lease deposit amount of KRW 150,000,000, monthly rent of KRW 14,000,000, and one year for the lease term of KRW 14,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The Plaintiff’s assertion on October 30, 2008: (a) the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 150,000,000 in total and KRW 400,000 in total and KRW 250,000 in the purchase price of facilities when the Plaintiff returned the instant marina; and (b) the Plaintiff returned the instant marina to the Defendant in accordance with this agreement.
Therefore, the defendant is liable to pay to the plaintiff KRW 400 million and damages for delay.
3. The judgment of the court below is insufficient to acknowledge that the defendant agreed to pay KRW 400 million to the plaintiff only with Gap evidence Nos. 12 and witness E's testimony, and there is no other evidence to prove otherwise. Rather, the following circumstances, i.e., the plaintiff did not timely pay the plaintiff a car after the plaintiff acquired the instant marina and started the operation of the instant marina, the defendant filed an application against the plaintiff as Seoul Southern District Court 2008Hun-Ba206, and on Oct. 27, 2008, the plaintiff ordered the defendant to order the instant marina.