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1. The defendant is paid KRW 20,000,000 from the plaintiff, and at the same time, from among the real estate listed in the attached Table.
Reasons
1. Basic facts
A. On November 27, 2013, the Plaintiff and the Defendant: (a) leased real estate listed in the [Attachment List owned by the Plaintiff (hereinafter “instant building”) from the Plaintiff to KRW 100 million, monthly rent of KRW 6,000,000 (including value added tax, KRW 6,600,000), and entered into a contract with the Defendant to engage in Schlage business operating the Defendant’s trade name “mast Embrate”; and (b) on the same day, the Defendant paid the Plaintiff KRW 20,00,000 as down payment.
(hereinafter “instant lease agreement.” Meanwhile, at the time of the conclusion of the instant lease agreement, the term of the lease agreement was set as the same day when the Defendant commenced the business from the date of commencing the business from the instant building.
B. At the time of the conclusion of the instant lease agreement, the Defendant received delivery of the part on the text, etc. of the instant building from the Plaintiff and completed the preparation for the installation, etc. of a facility for business with the aim of opening the facility for January 1, 2013. However, the Defendant did not start business even on January 2014.
This is because the defendant applied for business coordination in the Gyeonggi-si Cooperative, a nearby micro-market group, for business coordination in the building of this case, Gyeonggi-do entrusted business coordination by the Small and Medium Business Administration on December 30, 2013, recommended the defendant to temporarily suspend business commencement.
C. According to the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises (hereinafter “Act”), when a large enterprise, such as the Defendant, is likely to have an adverse impact on a small-medium enterprise by commencing its business, a small-medium enterprise’s organization may file an application for business coordination. The detailed procedures are as shown in the attached Table.
(hereinafter referred to as “business mediation procedure”). The Defendant, among the business mediation procedures, tried to consult with the Gyeonggi-do Small and Medium Business Operators’ Association, which applied for business coordination on February 14, 2014, as an autonomous adjustment procedure.