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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 6, 2012, in order to operate the clothing shopping mall business, Nonparty C entered into a lease agreement with Nonparty D, a non-party incorporated, (hereinafter “D”) to set the deposit amount of KRW 15 million for all the first floor of the building located in Dongdaemun-gu Seoul Metropolitan Government and KRW 10 million for monthly rent.
After that, C entered the Plaintiff on October 2012 and registered its business under the F's trade name on October 18, 2012, and thereafter, C started to delay that it is the difference due to the exhaustion of the above clothing business.
around April 2013, the Plaintiff and C sublet a part of the above leased building to a neighboring building company, and transferred 150 million won as premium, etc. to the account in the name of C, paid overdue rent, etc., and lent 30 million won among them to the Defendant.
As C subleases part of the leased part to a third party on May 31, 2013, C and the Plaintiff jointly concluded a modified lease agreement with D on a deposit of KRW 15 million and KRW 5 million for the first floor E-102 (hereinafter “instant office”) located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant lease agreement”).
The Plaintiff demanded the Defendant to pay the amount of KRW 30 million, which the Plaintiff lent to the Defendant through his agent G, and the Defendant, on January 14, 2014, prepared and sent to G a confirmation of the fact that the Defendant agreed to pay KRW 30 million by January 16, 2014 (hereinafter “instant confirmation of fact”).
Therefore, on January 14, 2014, the Defendant agreed to pay 30 million won to the Plaintiff by January 16, 2014, when preparing and delivering the confirmation document of this case to the Plaintiff’s agent. As such, the Defendant is obligated to pay the Plaintiff KRW 30 million on the ground of the said agreement.
2. The facts that there is no dispute over the judgment or that there is no clear dispute, the entries in Gap evidence Nos. 3 and 5, and the purport of the whole pleadings.