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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C on May 2, 2012, leased from the Defendant the instant pentle of 1,111 square meters (hereinafter referred to as “instant pentle”) for a fixed period of one year.
C borrowed funds from the Plaintiff for the operation of the instant pent, but failed to return them, on April 20, 2013, the Plaintiff entered into a transfer agreement with the Plaintiff (hereinafter “instant transfer agreement”).
C) As of April 20, 2013, the Plaintiff’s investment amounting to KRW 66,00,000,000, and succeeds to all the rights to manage and operate the instant pension.
(b) transfer or take over all legal authority for further sale and purchase of pension and investment in facilities.
Provided, That the whole of the previous public charges shall be settled by C under the responsibility of C.
위 계약함에 있어 계약상의 조건을 성실히 이행할 것이며, 만일 각서인의 귀책사유가 발생할 시 전적으로 각서인이 책임지며, 어떠한 이의도 제기치 않을 것임에 대하여 이행각서를 씁니다
B. Around that time, the Plaintiff received delivery of the instant pension from C and operated the instant pension until August 2013.
However, after receiving delivery of the instant pension from C, the Plaintiff received notice from the Defendant to withdraw from the instant pension since C did not have the right to sublease the instant pension.
C. On August 29, 2013, the Plaintiff filed a lawsuit against C seeking the cancellation or cancellation of the instant transfer contract and the return of the borrowed amount (this Court Decision 2013Da10811). On June 30, 2015, C was sentenced to the judgment that C shall return the borrowed amount to the Plaintiff as its restitution on the ground that the instant transfer contract was rescinded as an impossible performance.
On June 19, 2013, the Defendant filed a suit against C seeking delivery, etc. of the instant pension (this Court Decision 2013No7617).
On June 11, 2014, the Defendant and C drafted a letter of agreement (hereinafter “instant letter of agreement”) and the Defendant around that time.