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1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 543.79 square meters of real estate on the attached list to the Defendant (Counterclaim Plaintiff).
Reasons
1. Determination on the main claim
A. On June 12, 2018, the Plaintiff asserted that C leased the 1st floor D Co., Ltd. (hereinafter “instant store”) among the real estate listed in the attached list from the Defendant and operated it as a partnership with the Plaintiff as a deposit money of KRW 40 million, and the Plaintiff provided C with a total of KRW 50 million in the value of the goods remaining at the deposit of KRW 40 million as a result of the Plaintiff’s sole operation of the instant store. The Defendant accepted the transfer of the right to lease of the instant store between C and the Plaintiff.
However, the defendant is responsible for compensating for damages of KRW 50 million suffered by the plaintiff due to breach of contract since the defendant leased the store to a third party.
B. According to the evidence evidence Nos. 3, 4, and 1 evidence Nos. 3, and 1, as to September 1, 2017, C determined that the instant store was KRW 40 million and KRW 500,000 per month from the Defendant and leased the instant store until August 31, 2019; the Plaintiff paid KRW 50,000 to C on June 12, 2018; and the Plaintiff paid KRW 50,000 to the Defendant on May 21, 2019.
However, the above facts alone are insufficient to confirm the fact that the Plaintiff acquired the right to lease of the store in this case from C with the consent of the Defendant, and the same is also applicable even if the Plaintiff neglected the entry of the evidence No. 5-1 to No. 5 and No. 6.
In addition, even if the Defendant did not enter into a new lease agreement with the Plaintiff after the expiry of the lease agreement term on August 31, 2019 and leased the instant store to a third party, such circumstance alone cannot be deemed as bearing liability for damages against the Plaintiff.
The plaintiff's assertion on the main claim is without merit.
2. The judgment on the counterclaim is based on the following: (a) the entire statement in the evidence 3-1 and 2 and the purport of the whole argument.