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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
Basic Facts
The Defendant and the Defendant entered into a lease agreement between the Defendant and C (hereinafter “instant lease agreement”) on October 25, 2012, stating that the lease deposit is KRW 500 million and the lease period from October 25, 2012 to April 25, 2014, the lease agreement between the Defendant and C was concluded between the Defendant and C (hereinafter “instant lease agreement”).
C paid KRW 500 million to the Defendant on October 25, 2012.
C and the defendant set up a lease agreement (No. 1-2) on April 25, 2014, stating that the term of lease shall be extended until December 31, 2014.
The Plaintiff filed a complaint with the Plaintiff and the Plaintiff’s claim for the return of the lease deposit by the Plaintiff, alleging that “G acquired 500 million won by deceiving the Plaintiff,” and accordingly, the investigation into G was conducted.
C On July 31, 2015, in order to withdraw a complaint against G, C made an agreement with the Plaintiff (hereinafter “instant agreement”) on the following terms and conditions:
C reimburses the Plaintiff’s damage amount of KRW 270 million and KRW 100 million to F by August 31, 2015.
C In cases where C fails to fully pay the above agreed amount by August 31, 2015, September 1, 2015, the claims to return the lease deposit of this case shall be transferred to the Plaintiff, who is the representative of the Plaintiff and the F2, and the right of representation shall be given to the Plaintiff.
On August 18, 2015, according to the instant agreement, the Plaintiff sent a notice of transfer of the instant lease deposit to the Defendant on behalf of the Defendant on August 18, 2015, and served to the Defendant on August 19, 2015.
C With the lapse of August 31, 2015, the agreed date, the Plaintiff and F, on behalf of G, did not pay the said debt.
G-related criminal case G is a crime of fraud committed by defrauding from F KRW 100,000 and KRW 2318,000,000 from the Plaintiff, and is punished by imprisonment with labor for two years and six months from the first instance court (Seoul Western District Court 2015dan1945) to April 6, 2016.