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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was established for the purpose of the performance hall operation and operation agency business, and was delegated with all management and operation authority of the building listed in the separate sheet (hereinafter “instant building”) by Seoul Special Metropolitan City, the owner of which is the representative director of the Defendant A Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant B, as the auditor of the non-party company, are marital relations.
B. On September 1, 2012, the Plaintiff entered into a lease agreement between the non-party company and the non-party company to lease the fourth floor of the instant building at KRW 500,00,000, and the monthly rent at KRW 15 percent (excluding value-added tax), but the minimum amount of guarantee at KRW 101,883,00 per month (excluding value-added tax) and the lease period from September 1, 2012 to November 3, 2021.
C. On July 1, 2013, the Plaintiff entered into a contract to partially change the lease deposit and rent under the above lease agreement with the non-party company, but the non-party company delayed the rent and management fee under the above change agreement and terminated the above change agreement on September 4, 2013.
The Plaintiff filed a lawsuit on the delivery of a building on the ground of termination of the lease agreement with the Seoul Central District Court 2013Gahap14670, and won part of May 30, 2014. In the Seoul High Court case No. 2014Na31617, the appellate court rendered a judgment on April 3, 2015, that “the Nonparty Company shall pay to the Plaintiff 6% per annum from March 13, 2015 to April 3, 2015, the amount of money calculated at the rate of 20% per annum from the next day to April 3, 2015,” and the said judgment was finalized on April 22, 2015.
(2) The Plaintiff Company’s obligation against the Plaintiff on the ground of the above final judgment (hereinafter “instant unjust enrichment”).
Meanwhile, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) was established on January 20, 2014 for the purpose of the wedding business.