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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
Basic Facts
The Plaintiff is the owner of a reinforced concrete structure C’s ground reinforced concrete structure, a reinforced concrete roof, and a Class II neighborhood living facility (hereinafter “instant building”). D is a person who operated a game room in the trade name “E” from the 1st floor of the instant building (hereinafter “total 1st floor of the instant building”).
D around April 2013, upon the completion of the operation of the said game room, the Plaintiff agreed to sell each of the amusement equipment listed in the separate sheet in the game room (hereinafter “instant amusement equipment”) to the Defendant, who was engaged in the intermediate wholesale business for recreational machines, and received KRW 1,400,000 from the Defendant around April 21, 2013 (hereinafter “instant sales contract”). In return for the introduction of the said sales contract, the Plaintiff received KRW 1,50,000 from the Defendant as a referral fee.
Even after the Defendant paid the purchase price to D, the instant amusement machine was kept on the first floor of the instant building. However, around April 25, 2013, the instant amusement machine was stolen by having D’s children bring about G with parts having value of goods, such as the flag, etc. from the instant amusement machine. Based on the Defendant’s complaint, F was issued a summary order of KRW 700,000 from the Daejeon District Court’s Daejeon District Court’s Incheon District Court Branch for criminal facts.
(2) On July 1, 2013, the Plaintiff sent text messages to the Defendant demanding that the instant amusement machine kept on the first floor of the instant building be put up until July 5, 2013. Nevertheless, on January 17, 2014, the Plaintiff sent a document demanding the Defendant to put up the instant entertainment machine back to the Defendant by content-certified mail.
Meanwhile, on November 26, 2014, the Plaintiff leased KRW 5,000,000 and KRW 350,000 per month of rent to H of the first floor of the instant building, among the first floor of the instant building, KRW 101 and KRW 64.8 square meters, and on December 3, 2014, the Plaintiff leased KRW 101.