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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On February 2012, the Defendant leased, via the Plaintiff, the Magazine C 3rd floor (hereinafter “instant store”) KRW 30 million, monthly rent of KRW 1.5 million and KRW 1.5 million at the Plaintiff’s request, and the Defendant leased, upon the Plaintiff’s request, the amount of KRW 10 million on February 13, 2012; KRW 10 million on February 20, 2012; KRW 3 million on the 24th of the same month; and
3. 2.2.2.2.2 million won and 30.5 million won of the same month were remitted to the Plaintiff’s account in the name of the Plaintiff’s wife.
B. On April 2012, when the Plaintiff was unable to operate the instant store, the Plaintiff entered into an agreement with the Defendant to return KRW 30 million at the time when the instant store was sold or sold (hereinafter “instant agreement”) and paid KRW 600,000 per month to the Defendant as an interest on the said obligation to return deposit from May 20 to March 20, 2013.
C. In addition, around June 2012, D also agreed that the above deposit amount of KRW 30 million shall be returned to the Defendant by February 20, 2013, but the Plaintiff and D did not return the said deposit to the Defendant.
Accordingly, on March 11, 2013, the Defendant applied for a payment order against the Plaintiff seeking payment of KRW 30 million as the same cause of the claim as indicated in the attached Form No. 2013Guj934 against the Suwon District Court Decision 2013, and the payment order was issued on March 22, 2013, and the above payment order became final and conclusive on April 11, 2013.
(hereinafter “instant payment order”). E.
The instant shop did not sell to a third party even until the closing of argument in the trial, and the Plaintiff leased the instant shop to a third party and managed the rent and public charges.
[Reasons for Recognition] Unsatisfy, Gap's 1 to 3, 5, Eul's 1 to 4 (including additional numbers), the purport of the whole pleadings
2. The parties' assertion and judgment
A. If the instant store is sold to a third party pursuant to the agreement of this case, the Plaintiff’s assertion by the parties shall return the deposit amount of KRW 30 million to the Defendant.