beta
Text
1. The Plaintiff:
A. Defendant B shall be KRW 4,401,368 and the interest rate of KRW 15% per annum from February 23, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. The conclusion of a trust contract (1) around February 201, 201, Defendant Mocccck Co., Ltd. (hereinafter “Mocck Co., Ltd”) entered into a management-type land trust contract with respect to the construction and sale of prock aggregate buildings (D main complex buildings) executed by DefendantMock Co., Ltd. and the new construction and sale of prock Co., Ltd. and one parcel of land (D main complex buildings).
(2) As a priority beneficiary of the above trust agreement and the contractor, the NAS Construction Co., Ltd. (hereinafter “SS Construction”) completed the construction of the said aggregate building as a contractor, and on February 14, 2011, the pre-registered real estate trust made a registration of preservation of ownership on the said aggregate building on the ground of trust.
(3) On the other hand, in the above trust contract, Defendant Beck Co., Ltd was to take charge of the management, operation, and lease of a newly constructed aggregate building.
B. (1) On March 31, 2013, Defendant Mocck Co., Ltd entered into a lease agreement with E, and with respect to the first floor No. 124 of the said aggregate building (hereinafter “instant store”), Defendant Mock Co., Ltd. (hereinafter “instant lease agreement”) with Defendant Mock Co., Ltd., lessee E, lease deposit amount of KRW 30 million, term of lease from April 1, 2013 to March 31, 2017, and the monthly rent of KRW 3.8 million from March 31, 2017 (hereinafter “instant lease agreement”). The agreement was concluded to transfer or sublease the lease agreement under a special agreement.
(2) On March 28, 2013, prior to the conclusion of the instant lease agreement, Defendant Moccck Co., Ltd and E prepared and issued a confirmation document stating the following (hereinafter “instant confirmation document”).
1. As a trustee for the instant store, the trust is merely a consent to the lease contract, and the lessor is not in the position of the lessor on the lease contract.