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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) operated FMat (hereinafter “F E”) on the first floor of the building in Nam-gu Incheon Metropolitan City E (hereinafter “D”) under the name of D (hereinafter “D”), and G is the actual operator of C.
B. On July 2017, the Defendant agreed to pay KRW 300 million and 11% of the re-lease deposit to C, and thereafter, took up the instant Mart’s static copon from around that time.
(c)
On February 2, 2018, the Plaintiff acquired the instant marina business from C, and around that time, the Plaintiff agreed to operate the said marina in order to secure the Defendant’s repayment claim of the sub-lease deposit and the claim for the sales proceeds of refined land to secure the Defendant’s right to purchase the instant marina, and the Plaintiff leased the instant marina and transferred the said marina from the Defendant, but the Plaintiff actually agreed to operate the said marina.
Section 1 (Sublease-lease Contract) The Defendant prepares a sub-lease contract (300 million won prior to the deposit) for the whole Mart under the same conditions as D’s Mart lease contract.
D cannot claim the return of the deposit to the defendant for the sublease.
Article 3 (Fairness Deed on Price of refined Land Sale) The Plaintiff and D shall prepare and deliver to the Defendant a certificate of quasi-consumption lending and borrowing of KRW 250,150,000,000 (=193,000,000 won loans of KRW 193,000,000,000,000,000) as of February 28, 2018.
The Plaintiff shall pay each of the above amounts to the Defendant KRW 30 million on February 28, 2018, and KRW 30 million on March 8, 2018.
Article 5 (Safekeeping and Management of MT Revenues) (1) The Plaintiff and D shall keep all data and information necessary for the management of the entry and exit of the above MT Receipt (Account) and the Defendant, such as the relevant seal, password, official certificate, andOTP card.
(2) The Plaintiff and D may not change the passbook from the revenue set forth in paragraph (1) without the prior consent of the Defendant.
Even if the head of the Tong (account) with the consent of the defendant has been changed, he/she shall keep the head of the Tong as referred to in paragraph (1).
(3) The defendant shall be third and third.