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(영문) 수원지방법원여주지원 2020.07.16 2019가단55984

정산금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 29, 2011, the Plaintiff entered into a lease agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) under which the Plaintiff agreed to lease the lease deposit amount of KRW 80 million for the lease deposit, KRW 32 million for the rent, and the lease term from December 1, 201 to November 30, 201, with respect to the lease deposit amount of KRW 5.816.37 square meters for the entire e-dong and other five parcels on the ground (hereinafter “instant building”).

B. On November 30, 201, the Plaintiff and the Defendant de facto representing the non-party company drafted a written agreement with the following contents.

"The defendant is responsible for and solved all problems arising from the acceptance of the report of the public bath business by the former business operator F, which occurred based on the forged real estate lease contract when the plaintiff obtains the report of the public bath business, and the defendant is responsible for the damage of the plaintiff, and all of the plaintiff except for the acceptance of the F report."

C. The Plaintiff introduced the instant building, and then subleted the part related to the sugar among the said building to G, for the resolution of administrative issues, such as the payment of public charges in arrears in the instant building, acquisition of various authorizations, etc., and for the resolution of problems related to the possession of facilities by sub-contractors, the Plaintiff remitted the total amount of KRW 400 million on November 30, 201 and KRW 380 million on February 3, 201.

G paid the Plaintiff KRW 130 million out of the above KRW 400 million by January 17, 2012.

E. On October 18, 2012, the Plaintiff paid directly to the Defendant KRW 35 million in total, including KRW 15 million and KRW 20 million on January 10, 2013.

F. On November 7, 2013, the Plaintiff: (a) completed a report on the business of bath business in the instant building; (b) commenced a bath business; and (c) on December 1, 2016, between the Nonparty Company and the Nonparty Company, KRW 80 million, monthly rent of KRW 37,664,00 (increased by 7% on December 1, 201) regarding the instant building; and (d) from December 1, 2016 to March 31, 2019.