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1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.
The defendant is KRW 100 million to the plaintiff.
Reasons
1. Basic facts
A. On June 25, 2008, C leased the instant marina after setting the deposit amount of KRW 100 million, monthly rent of KRW 2740,000,000, and the term of the lease from July 1, 2008 to July 1, 201, the E and F sites and ground buildings (Gart; hereinafter “instant marina”).
B. On June 25, 2011, C renewed the said lease agreement by setting the deposit amount of KRW 100 million, monthly rent of KRW 4.62 million, the lease term from July 1, 2011 to June 31, 2014.
C. C has become difficult to continue to operate the instant marina due to health problems, and around April 1, 2013, C decided to transfer all the operating rights, such as the instant marina facility and lessee status, to the Defendant, which had been occupied at the time.
Accordingly, on April 1, 2013, C, the Defendant, and D agreed to succeed to the status of the lessee with respect to the instant marina, and the Defendant directly operated the instant marina after acquiring it from C from that time.
E. C filed a criminal complaint against the Defendant on the criminal facts that “the Defendant received the instant marina, while paying KRW 100 million corresponding to the deposit for lease,” but the Prosecutor of the Daejeon District Prosecutors’ Office issued a disposition to the effect that he/she was suspected of being guilty on November 20, 2014.
F. Before August 2015, C transferred the claim to the Defendant at the time of the transfer of the instant marina (as to the claim transfer contract (Evidence A 10), C stated that “(i) the claim subject to the transfer is the claim to return the deposit to D or the equivalent amount to which C transferred to the Defendant, and (ii) the claim to be returned at the time of the cancellation of the transfer contract for the entire facilities transferred by C to the Defendant, and (iii) the entire claim to be returned at the time of the cancellation of the transfer contract; hereinafter “instant claim”) and notified the Defendant of the assignment of the said claim.
[Reasons for Recognition] There is no dispute, Gap evidence 1, 9, and 10.