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1. The Defendant’s KRW 17.5 million to the Plaintiff, as well as 5% per annum from March 25, 2013 to September 21, 2016.
Reasons
1. On March 16, 201, the Plaintiff and the Defendant concluded a lease agreement with the joint lessee, setting the deposit amount of KRW 35 million (hereinafter “instant lease deposit”) and the lease agreement between March 21, 2011 and March 20, 2013 (hereinafter “instant lease agreement”). At that time, the said deposit was fully paid to C by the Plaintiff.
On March 25, 2013, F, the Defendant, entered into a sales contract for the instant loan (hereinafter “instant sales contract”) with the said C; F, the buyer, decided to succeed to the lease deposit amount of KRW 35 million; and F, on March 26, 2013, the ownership transfer registration for the instant loan was completed.
The Plaintiff filed a lawsuit against F and the Defendant with the purport that “Defendant F will not have any lease agreement on the instant loan between F and F” in this Court Decision 2013Gadan23016, but the judgment was rendered on August 21, 2014, and the claim for confirmation was dismissed as there was no benefit of lawsuit, and the part of the claim for confirmation was dismissed as the Plaintiff purchased the instant loan did not succeed to the lessor’s status. Accordingly, the claim against Defendant F was dismissed.
(1) The Plaintiff’s claim was dismissed on September 23, 2015 to the effect that “The Defendant transferred the leased deposit to F at the time of the instant sales contract, and F and C agreed to set off the obligation to return the leased deposit, and the obligation to return the leased deposit was extinguished.” The Plaintiff’s claim was dismissed on September 23, 2015.
【Ground for Recognition: Each entry of Gap's 1 to 4, 6 through 10, and Eul's 1 to 3 (including additional numbers, if any).