(영문) 서울동부지방법원 2015.10.07 2014가단41569

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(영문) 서울동부지방법원 2015.10.07 2014가단41569

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Facts of recognition.

A. The Defendant leased Nos. 109 and 110 (hereinafter “instant building”) of the Bupyeong-gu Incheon Metropolitan Government B building 109 and 110 (hereinafter “instant building”) reported to the place of livestock product sales business by setting the deposit amount of KRW 50 million from C and D, which is its owner, KRW 50 million per month, KRW 55 million per month, and the period from June 30, 2012 to June 30, 2014. Of the deposit money, the Defendant paid KRW 30 million on September 14, 2012 and paid KRW 20 million until December 14, 2012.

B. On October 31, 2012, the Defendant: (a) decided to sublease the instant building to the Plaintiff; and (b) drafted the following documents, including the details of the said sub-lease and the details of the conclusion of a new lease contract with the Plaintiff’s building owner.

(hereinafter referred to as the “instant arrangement”). The terms and conditions of the agreement are as follows: * The amount of the instant building - the amount of the instant building: 60 million won - The payment method shall be paid in six installments, including on the day of the instant agreement.

Until December 13, 2012, it shall be the full-scale deposit on deposit with the owner of the building, and thereafter a direct contract with the owner of the building.

- 50,000 won (including surtax) shall be paid to the defendant by December 13, 2012, and thereafter deposited directly to the owner of the building.

- To calculate the amount after ascertaining the inventory on the date of the instant arrangement.

C. On November 21, 2012, the Plaintiff paid KRW 54,679,680, plus KRW 4,679,680,000,000, which was paid at KRW 60 million under the instant agreement (title 30,000,000,000 as deposit money for deposit) and calculated by deducting KRW 10,00,000,000,000,000 as deposit for inventory goods, to the Defendant. As a security therefor, the Plaintiff issued five copies of promissory notes as indicated below, and a notary public drafted a notarial deed of a promissory note with the recognition of compulsory execution by law firm No. 861 through 865, as set out in the 2012.

A notary public of a promissory note with a par value shall prepare a law firm this day's general law office.

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