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Reasons
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(영문) 수원지방법원 2015.08.20 2015가단108143
약정금
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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from December 1, 2014 to April 9, 2015.

Reasons

1. Facts of recognition;

A. In Suwon-si, the Defendant leased the instant Moel Building to D as the owner of the Moel Building located in Suwon-gu C (hereinafter “the instant Moel”).

B. On April 11, 2014, the Plaintiff entered into a sub-lease contract with the terms and conditions of the sub-lease of KRW 100,000,000,000 for E and the rent of KRW 21,00,000, and the lease term of November 30, 2014 (hereinafter “sub-lease contract of this case”) referred to as the agent of the lessee D, and remitted KRW 100,000,000 to D’s account as of April 11, 2014.

C. On May 7, 2014, the Plaintiff concluded the instant sublease contract and returned the instant sublease deposit to the said E, with the consent of the lessor, the Plaintiff would pay the remainder of KRW 80 million out of the sublease deposit, and the Defendant prepared and issued a written confirmation of the fact of transaction (Evidence A6) that guarantees the return of the instant sublease deposit to the Plaintiff.

The Plaintiff shall pay 30 million won out of the balance of the sub-lease deposit of this case on the day when the certificate of the fact of the said transaction was issued, and 2014 on the following day.

5.8 The remainder of KRW 50 million was transferred to each of the above D’s accounts.

E. Around the end of the instant sub-lease contract, the Plaintiff prepared two copies of the confirmation letter stating that “I will promise I will pay 100 million won to the Plaintiff by November 5, 2014, and November 6, 2014,” each of which is “I will pay 100 million won to the Plaintiff by November 30, 2014,” with respect to KRW 100,000,000,000,000 paid to the Defendant.”

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant prepared each of the certificates of this case and delivered them to the plaintiff.

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