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(영문) 의정부지방법원 2018.11.13 2018가단106357
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. (i) On March 5, 2013, the Plaintiff entered into a lease agreement with Nonparty C, etc., setting the deposit amount of KRW 200,000,000,000 for the second floor neighborhood living facilities on the D-ground steel structure sloping roof, Namyang-si, and the monthly rent of KRW 8,00,000.

B. On November 5, 2015, the Defendant succeeded to the status of the Plaintiff, and concluded a lease agreement with the said Nonparty, setting a deposit of KRW 200 million, monthly rent of KRW 8 million.

Referencely, the Defendant paid to the Plaintiff the amount of KRW 20 million equivalent to the deposit, KRW 150 million equivalent to the value of the facilities and equipment in marina, and KRW 62 million equivalent to the amount of the goods in marina.

• The Defendant paid the Plaintiff KRW 18 million out of the cost of the facility and equipment KRW 150 million, and paid KRW 1300,000 per month for the payable amount.

However, the defendant does not pay monthly interest since November 2016.

【Facts without dispute over evidence, Gap evidence 1, Eul evidence 3, 4

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 132 million for unpaid premiums and KRW 29 million for monthly interest between December 2016 and 23 months sought by the Plaintiff.

2. Determination on the defendant's defense

A. The gist of the Defendant’s defense (i.e., the Defendant entered into a premium agreement with the Plaintiff on the premise that the Defendant acquires the ownership of the facilities and equipments within marina.

However, the facilities and equipment are owned by the lessor C, a lessor.

Nevertheless, the Plaintiff deceivings facilities and equipment as if they were owned by the Plaintiff.

Therefore, the defendant shall revoke the important part of the plaintiff's deception or premium agreement on the ground of mistake.

The plaintiff is obligated to acquire the ownership of the facilities and equipment in accordance with the premium agreement and transfer it to the defendant.

However, the Plaintiff did not perform the above obligations.

Therefore, the defendant cancels the premium agreement on the ground of the plaintiff's default.

B. The Plaintiff’s subject matter of this case’s premium agreement.

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