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1. Defendant B Co., Ltd.: (a) KRW 142,00,000 for the Plaintiff and 5% per annum from June 21, 2018 to October 4, 2019.
Reasons
1. Basic facts
A. On April 1, 2018, Defendant Company leased the second floor part of the Gangnam-gu Seoul Metropolitan E hotel (hereinafter “instant building”) from Defendant Company D, with a fixed term of KRW 400 million, KRW 400 million per month, KRW 40 million per month, and period of KRW 3 years.
B. On June 20, 2018, the Plaintiff entered into a contract with the Defendant Company to transfer part of the second floor of the instant building from the Defendant Company to KRW 150 million, monthly rent of KRW 7.5 million (hereinafter “sub-lease”). The Plaintiff and the Defendant Company agreed to change the amount of the instant sub-lease deposit to KRW 142 million, around July 2, 2018, and the Plaintiff paid the said amount to the Defendant Company by June 20, 2018.
(c)
Meanwhile, the Defendant Company decided to complete the interior work by August 15, 2018 so that the Plaintiff may operate a member from the object of the instant sub-lease.
(d)
However, after the lapse of March 14, 2019, the above Corporation was not completed, and the above lease contract was terminated on March 31, 2019 due to the overdue delay against Defendant Company D.
E. According to the loan contract before the instant case, if the Defendant Company fails to perform its obligations, the Plaintiff is notified in writing and the contract of the instant sub-lease may be rescinded (Article 7). On March 18, 2019, the Plaintiff urged the Defendant Company to perform the contractual obligations of the instant sub-lease, while requesting the return of the instant sub-lease deposit at the time of nonperformance. The Defendant Company filed a lawsuit seeking the return of the instant sub-lease deposit, as it still failed to complete the said construction, on August 12, 2019.
[Evidence] Facts without dispute, Gap evidence Nos. 2, 3, 4, 6, and 7, the purport of the whole pleadings
2. Determination as to the claim against the defendant company
A. According to the above facts of determination as to the cause of the claim, the sub-lease contract of this case is legitimate on October 4, 2019 when the duplicate of the complaint of this case was delivered to the defendant company.