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(영문) 인천지방법원부천지원 2015.10.29 2014가단44316

임대료 등

Text

1. The Plaintiff:

A. As to KRW 52,223,020 and KRW 49,723,020 among Defendant B, Defendant B shall be from November 23, 2014 to October 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff and F made business registration with “G” around the beginning of 2010, and F operated the PC room at 801 in the Hacheon-si, Seocheon-gu, Busan.

B. Around October 2012, the Plaintiff entered into a lease agreement with I to rent KRW 801,00,000 for monthly rent of KRW 5,000 (excluding value-added tax), and on October 24, 2012, the Plaintiff changed its business registration for the said PC in the name of the Plaintiff.

(hereinafter referred to as “the PC bank of this case”).

Defendant B, around October 2, 2012, acquired the instant PC operation right from F, operated the PC without changing its business registration, and delegated the instant PC operation right to Defendant C on March 30, 2013, and again, concluded an agreement with Defendant C and J on April 20, 2013 that “Defendant E consents to the operation of the instant PC, must be managed and supervised thoroughly by Defendant C, and Defendant B actively cooperate in the operation of the said PC.”

Defendant E received and operated the instant PC from Defendant B and C from April 2013 to July 7, 2013.

E. On July 11, 2013, the original U.S. police station controlled the instant PC bank on the grounds of the violation of the hours for admitting juveniles, and the original U.S. police station imposed an administrative disposition of 10 days of business suspension on the grounds as above, around October 2013.

F. On July 28, 2013, Defendant B drafted a written reversal of the agreement with Defendant C and J that the subsequent work of Defendant B is responsible for the damage incurred, and Defendant B thereafter operated the instant PC.

G. Around July 24, 2013, Defendant B drafted and issued to the Plaintiff a confirmation letter that “Defendant B shall be fully responsible for the instant PC rent, personnel expenses, and other expenses,” and written confirmation to the effect that the remaining personnel expenses related to the instant PC bank will be arranged on September 17, 2013.

(hereinafter “each of the instant certifications”). H.

On the other hand, Defendant D, on September 10, 2012, via Defendant E’s account in the name of Defendant E, 35,000.