beta
Text
1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. On November 26, 2014, the Plaintiff, along with C, engaged in entertainment tavern business under the name of “F” in the name of “F,” which is the owner of the pertinent building located in Busan-gu D (hereinafter “instant main store”). On November 26, 2014, the Plaintiff transferred the right to lease, facilities, etc. related to the business of the instant building between the Defendant and the Defendant as a broker by means of a licensed real estate agent G, but the down payment amount is KRW 2 million on the date of conclusion of the contract, and the intermediate payment is KRW 2 million on November 24, 2014, and the intermediate payment is KRW 18 million on November 24, 2014 (the contract includes KRW 18 million, but the Plaintiff asserts that the remainder claim is KRW 16 million on December 23, 2014 (hereinafter “instant contract”). However, the Plaintiff entered into the contract with the transferor’s seal in the column of the contract.
B. The Plaintiff received down payment and intermediate payment of KRW 13 million out of the remainder under the instant contract from the Defendant, and received KRW 17 million in total from the Defendant.
C. Meanwhile, the Plaintiff transferred the instant main points to the Defendant under the instant contract, but found that there had already been water pipelines, such as underwater pumps, while performing internal repair of the said main points, and demanded the Plaintiff to repair them. Accordingly, the Plaintiff repaired the water pipe at a cost of KRW 700,000,000, and repaired the other floor at a cost of KRW 700,000,000.
On April 20, 2015, the Plaintiff sent to the Defendant a certificate to the effect that the Defendant sought payment of KRW 3 million out of the balance of the transfer price to the Plaintiff and C without justifiable grounds. Accordingly, on May 4, 2015, the Defendant is the monthly rent borne by the Defendant during the repair period of the Plaintiff’s unpaid water supply charge, unpaid electricity charge, and the Plaintiff’s intermediary charge.