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1. The Plaintiff:
A. Defendant B’s KRW 5,867,830 as well as 5% per annum from May 16, 2019 to January 29, 2020.
Reasons
1. Facts of recognition;
A. The status of the party is that the Plaintiff is a cooperative established in accordance with the Framework Act on Cooperatives for the purpose of joint development of the flowers Industry and creation of profit. Defendant C is the one who was the president of the Plaintiff’s association.
B. On May 2015, the Plaintiff and Defendant B entered into a lease contract and a building delivery lawsuit 1) with Defendant B, and the building located in Busan Y, which is owned by Defendant B (hereinafter “instant building”).
(C) A lease agreement with respect to the term of lease deposit KRW 10,000,000, monthly rent KRW 600,000, and the term of lease from May 17, 2015 to May 16, 2017 (hereinafter “instant lease agreement”).
A) A) From around that time, the Plaintiff’s first floor of the instant building was used as “Ecar Paf” in which the Plaintiff’s members sell flowers teas, etc. and the second and third floors as the office. (2) Defendant B was rendered a favorable judgment against the Plaintiff on the ground that the instant lease contract has expired, and Defendant B filed a lawsuit seeking the name map of the building against the Plaintiff as Busan District Court Branch Branch of District Court 2017No3695, Jun. 29, 2018 (the amount calculated by deducting the Plaintiff’s rent from Defendant B to June 17, 2018) from “the Plaintiff was paid money calculated at the rate of KRW 9,400,000 from February 17, 2018 to the completion of delivery of the instant building,” and the said judgment became final and conclusive after the Defendant B’s appeal became final and conclusive.
3) On April 25, 2019, Defendant B received the instant building from the Plaintiff, and paid the Plaintiff the remainder of KRW 220,000 (= KRW 9,400,000,000 for the period calculated as the total of 15 months from February 17, 2018 to April 17, 2019) after deducting the total of KRW 180,000 ( KRW 180,000 for April 17, 2019 to April 25, 2019; = 600,000 x 9/300 x 9/3000) from the Plaintiff’s partner from the point of having received the said building (=9,400,000 - 9,000,000 - 180,000).