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1. The Defendant shall pay to the Plaintiff KRW 31,060,734 as well as 15% per annum from February 2, 2016 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. (1) On October 29, 2014, the Defendant leased “D gas station” located in C to B as of October 29, 2014 by setting the deposit amount of KRW 60 million, monthly rent of KRW 3 million, and the period from October 29, 2014 to October 28, 2015.
(2) On November 7, 2014, the Plaintiff and B entered into an agreement on the transfer and takeover of claims (hereinafter “instant agreement”) with the Plaintiff (hereinafter “instant agreement”) under which B transferred KRW 50 million out of the claim for the refund of the lease deposit against the Defendant for the security of the goods (petroleum products) that B owes to the Plaintiff.
The defendant signed and sealed the above contract as a lessor.
(3) The Defendant terminated the instant lease agreement on January 22, 2015, and concluded a lease agreement with E on January 23, 2015.
[Ground of recognition] Gap evidence 1, 2, 5, Eul evidence 1, the purport of the whole pleadings
B. According to the above facts of recognition, the lease of this case was terminated upon termination, and the defendant agreed to transfer the right to return the lease of this case by signing and sealing on the contract of this case (see Article 450 of the Civil Act, “approval” means that the debtor knows the fact of the transfer of the right to lease of this case (see Supreme Court Decision 2010Da96911, Feb. 24, 2011). As such, the defendant’s assertion that only attended and confirmed at the time of concluding the contract of this case and that there was no consent to the transfer of the right to lease of this case is without merit). The defendant is obligated to pay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from February 2, 2016 to the date following the delivery of a copy of the complaint to the plaintiff who acquired the right to return the lease deposit of this case.
2. Judgment on the defendant's assertion
A. ① The Defendant did not supply the petroleum products to B, and actually did not supply the petroleum products to F.