beta
Text
1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from November 28, 2014 to the day of complete payment.
Reasons
Facts of recognition
On September 2014, the Plaintiff agreed with the Defendant to transfer the status of lessee to Daegu-gun District Building C (hereinafter “instant building”) in the condition that the Defendant did not yet start a business on a leased lease basis, thereby allowing the Plaintiff to enter into a new lease agreement with the owner of the building, and in return, to pay KRW 30 million for the premium to the Defendant.
Accordingly, on September 15, 2014, the Plaintiff paid KRW 30 million to the Defendant, and discussed the conclusion of a lease agreement with the owner of the building in accordance with the Defendant’s arrangement. However, the instant building was registered as a house in the registry of the building and the Plaintiff cannot obtain permission for meat store that the Plaintiff was seeking to operate because it was registered as a house in the registry of the building.
[Ground of recognition] A, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1 and 2, the purport of the whole pleadings, and the plaintiff asserted that the plaintiff should return the premium received from the plaintiff on the premise of the conclusion of the lease contract, unless the owner of the building and the lease contract are concluded with the plaintiff.
In this regard, the defendant asserts that the obligation under the premium agreement with the plaintiff was fulfilled by arranging the conclusion of the lease contract between the plaintiff and the building owner, and that the lease contract was not concluded later due to the plaintiff's circumstances, so it does not have any obligation to return the premium.
Judgment
The payment of premiums, which is accompanied by the lease of a commercial building, does not constitute the contents of the lease contract, but is the transfer of tangible and intangible property value, such as tangible and intangible business facilities, fixtures, etc., or business interest according to the location of the store, or the cost of use for a given period. In this case, the defendant leased the building in this case.