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(영문) 인천지방법원 2015.12.30 2015가단202413

전대료등

Text

1. As to the Plaintiff KRW 6,995,287 and its KRW 1,006,469, the Defendant shall pay to the Plaintiff KRW 4,035,94.

Reasons

1. Facts recognized;

A. On April 1, 1998, the Daewoo Motor Sales Co., Ltd. (hereinafter “former Daewoo Motor Sales Co., Ltd.”) entered into a lease agreement with B on the lease of KRW 470 million (hereinafter “instant lease agreement”) to lease the 1 and 3 floors of the Bupyeong-si Seoul Special Metropolitan City, Busan Special Metropolitan City (hereinafter “instant store”) owned by B, and subsequently, on April 28, 2000, KRW 540 million (hereinafter “the instant lease agreement”). On April 28, 2000, the said agreement was partially amended when three months have elapsed since the date when one of the parties was notified of the termination of the contract.

B. On November 1, 2001, the old automobile sales contract between the defendant and the defendant supplied the automobile to the defendant, and the defendant entered into a contract for automobile sales agency and post management with the content of selling the above automobile to the consumer, and on the same day, sub-lease was given to the defendant to use the instant shop for the purpose of the automobile sales office (hereinafter the "sub-lease contract of this case"), and the sub-lease fee was the amount calculated at the rate of 12% per annum of the lease deposit of this case (excluding value-added tax) and paid damages for delay at the rate of 24% per annum.

C. On March 11, 2011, B sent to the Plaintiff a content-certified mail that contains the termination of the instant lease agreement on the ground of provisional attachment against the Plaintiff’s claim to return the lease deposit. The said notice reached the Plaintiff on March 15, 2011 and the lease agreement was terminated on June 15, 201.

Meanwhile, on August 10, 2011, rehabilitation procedures for the rehabilitation debtor for the former car sales began, and there is a rehabilitation plan to divide the former car sales into three companies including the Plaintiff, etc. to transfer assets including claims under the instant lease agreement and the instant sub-lease agreement to the Plaintiff.