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(영문) 제주지방법원 2020.11.23 2020가단52124

차임

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 154,00,000, and Defendant C, respectively.

Reasons

Basic Facts

On April 1, 2016, the Plaintiff leased Defendant B Co., Ltd. (hereinafter “Defendant Company”) Nos. 1, 2, and 3 (hereinafter “instant building”) and machinery and equipment in the factory, with the period of lease fixed from April 1, 2016 to April 1, 2021.

(hereinafter “instant lease agreement”). The Defendant Company used the instant building on delivery, and did not pay rent from October 2016 to March 2017.

On February 6, 2017, Defendant C prepared a letter of commitment to pay KRW 15,00,000,000 for October 20, 2017, among the rents that the Defendant Company did not pay to the Plaintiff, until February 20, 2017; and KRW 50,000,000 for the two months thereafter until February 28, 2017; and KRW 50,000,00 for the remaining two months until March 31, 2017.

(hereinafter referred to as the “instant agreement”). [Grounds for recognition] Eul’s evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply), the purport of the entire pleadings (including the lease agreement and agreement submitted by the plaintiff to the complaint). Defendant Company asserted by the parties to the instant lease agreement used the said building from April 2016 to October 2017, but did not pay KRW 315,000,000 out of rent.

Therefore, as a lessee, Defendant C is jointly and severally liable to pay the above rent to the Plaintiff, who agreed to pay the rent jointly and severally with the Defendant Company in accordance with the instant agreement.

The Defendant Company asserted that the Defendants Company used the instant building only until March 2017, and delivered the said building to the Plaintiff.

Therefore, there is no obligation to pay rent thereafter.

Defendant C’s assertion that the Defendant C had been declared bankrupt and immunity.

Therefore, Defendant C’s above obligation against the Plaintiff was exempted.

With respect to the claim against the defendant company as to the cause of the claim, the plaintiff.