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1. The Defendant’s claim against the Plaintiff on May 10, 2018 in the Seoul Northern District Court Decision 2017Kadan136532.
Reasons
1. Facts of recognition;
A. On March 23, 2015, the Defendant entered into a lease agreement with the Plaintiff on the front left-hand shop (hereinafter “instant store”) of approximately 34.68 square meters of the Jongno-gu Seoul Metropolitan Government wooden Building C, which is owned by the Plaintiff, with the terms of a lease deposit of KRW 12 million, KRW 1100,000 per month of rent, and KRW 1.1 million from April 10, 2015 to April 9, 2017 (hereinafter “instant lease agreement”) and agreed to lease the instant store during the period of lease (hereinafter “instant lease agreement”), and filed a request with the Plaintiff to enter into the said lease agreement on the instant store at least two occasions on March 23, 2017 and October 2017, the Defendant rejected the said lease agreement with the new lessee introduced by the Defendant to the Plaintiff, but the Plaintiff’s new lessee and the new lessee seeking reimbursement of KRW 360,000,000,000 against the Plaintiff (Seoul District Court).
B. In the relevant case, on May 10, 2018, the court rendered the instant decision that “by July 31, 2018, the Plaintiff paid KRW 30 million to the Defendant, and the Defendant delivers the instant store to the Plaintiff, and simultaneously fulfill the above two obligations.” The instant decision became final and conclusive as it is, on the grounds that the original Defendant did not raise any objection.
C. After July 23, 2018, the Defendant delivered the instant store to the Plaintiff, but the Plaintiff, on July 26, 2018, returned KRW 22,924,00,00, which remains after deducting the unpaid rent of KRW 7,076,00 ( KRW 1.1 million x 6.1 million x 13/30) for six months from January 10, 2018 to July 22, 2018 according to the instant decision.
After sending a certificate of content to the purport, “”, on July 30, 2018, remitted KRW 22,924,000 to the Defendant’s account.
[Ground of recognition] Facts without dispute, Gap 4, 6, 7 evidence, Gap 11-1 to 4, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The plaintiff.