(영문) 인천지방법원 2016.11.29 2015가단64314

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(영문) 인천지방법원 2016.11.29 2015가단64314

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On February 7, 2014, the Plaintiff entered into a sublease contract with Defendant A, the Korean Federation of Arts and Culture Organizations (hereinafter “Nonindicted Corporation”) which is a non-party incorporated as a broker of Defendant A (hereinafter “Nonindicted Corporation”).

(2) The building owned by Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”)

1) As to 1707, Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”)

(1) The sub-lease contract (hereinafter referred to as the “sub-lease contract of this case”) and the deposit amount of KRW 30,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax), and the period from February 12, 2014 to February 11, 2015, shall be determined as the sub-lease contract of this case.

(2) Article 2(2) of the instant sub-lease agreement provides that “The sub-lessee has confirmed that the sub-contractor has been granted the power to sublease from the owner.”

3. On February 7, 2014, the Plaintiff transferred the down payment of KRW 3,00,000,000 to the non-party company, and received all the deposit money for the instant sub-lease contract by transferring KRW 27,00,000 on February 12, 2014.

B. On April 18, 2012, the non-party corporation, which was a judgment related to the termination of a lease agreement, succeeds to the rights and obligations of the lease deposit amounting to KRW 10 billion with the non-party corporation, the non-party corporation, the non-party corporation, the non-party corporation, the non-party corporation, and the non-party corporation, the non-party corporation, the CK group, etc., and the whole building of the building of this case, (hereinafter

After the conclusion of the lease contract, only a part of the above lease deposit was paid and possessed and used the building in this case. However, the non-party corporation notified the payment of the remainder of the lease deposit after the agreed date, but the non-party corporation failed to perform it, and the non-party corporation declared the termination of the lease contract with the non-party company by document proving the contents of the lease contract on January 28, 2014.

"On the ground that it filed a lawsuit for delivery of a building and rendered a judgment in favor of all of the pleadings on July 5, 2014, the judgment above is around that time.

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