beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C leased a deposit of KRW 10,000,000 and a rent of KRW 400,000 from the Defendant, the first floor underground of the building located in Daejeon-gu, Daejeon-gu (hereinafter “instant building”) owned by the Defendant (hereinafter “instant restaurant”).
B. On April 2014, the Plaintiff acquired the instant restaurant from C to KRW 24,00,000, and entered into a lease agreement with C as to the instant building on April 2014 (hereinafter “instant lease agreement”). From April 2014, the Plaintiff entered into a lease agreement with the Defendant as stipulated in KRW 10,000,000, monthly rent 400,000, and the lease period from April 14, 2014 to April 14, 2016 (hereinafter “instant lease agreement”).
C. On April 11, 2014, the Plaintiff paid 10,000,000 won to the Defendant, and 24,000,000 won to C on the same day, and operated the restaurant business in the name of the Plaintiff.
The Plaintiff, around August 2014, transferred F and the instant restaurant to KRW 10,000,000 for lease deposit, KRW 30,000 for premium, KRW 40,000 for premium, and KRW 40,000 for premium, and agreed to be paid KRW 40,000 for each month in installments.
E. 1) On September 1, 2014, F entered into a lease agreement with the Plaintiff and the Defendant and the instant building, with the consent of the Plaintiff on November 201, 2014, with respect to the lease deposit of KRW 10,000,000, monthly rent of KRW 400,000, and the term of lease from November 10, 2014 to November 10, 2016. (2) Although the Defendant entered into the said lease agreement with F, it did not receive KRW 10,000,000 from F, and did not return the lease deposit of KRW 10,000 from the Plaintiff.
F. Since then, the Plaintiff filed a complaint with F to not pay the agreed money, and F was prosecuted on January 12, 2017 as follows and the judgment of the first instance court (Seoul District Court 2017Da121) is pending.
Defendant (F) around August 2014, 2014, “The Plaintiff will take over the instant restaurant in total of KRW 40,000,000 by combining KRW 10,000 and KRW 30,000 for the key money and KRW 30,000 for the key money.”