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(영문) 인천지방법원 2015.11.27 2014가합57835

임대료 등

Text

1. Defendant B: (a) 60,749,450 won and its related amount from May 8, 2015 to September 30, 2015, to Plaintiff Jung-ju Co., Ltd.

Reasons

1. Determination as to the claim against the defendant B by the plaintiff Jung-gu oil company

(a)The following facts of recognition may be found either in dispute between the parties or in full view of Gap evidence of 1 to 5, 9, 10 (if any, including each number; hereinafter the same shall apply), Eul evidence of 4, 5, and 7, and the testimony and arguments of the witness D.

1) Plaintiff Jung-Ying Oil Co., Ltd. (hereinafter “Plaintiff Jung-Ying Oil Co., Ltd.”)

B) On April 9, 2014, between Defendant B and E, Defendant B, the Plaintiff Jung-gu, Bupyeong-gu, Incheon (hereinafter referred to as the “instant building”) No. 405 of the F building owned by the Plaintiff Jung-gu, Incheon (hereinafter referred to as the “instant building”) and the said F building No. 405 (hereinafter referred to as the “instant party hall”).

(3) The term of lease agreement (hereinafter “instant lease agreement”) provides that a lease deposit shall be KRW 30,00,000, monthly rent of KRW 3,100,000 (excluding value-added tax, KRW 14,00 per month) and the term of lease shall be from April 9, 2014 to April 8, 2016 (hereinafter “instant lease agreement”).

(2) Defendant B paid KRW 5,00,000 out of the lease deposit to the Plaintiff Jong-gu Oil Business on the date of the conclusion of the instant lease agreement. Meanwhile, Defendant B agreed to carry on the party funeral business in the instant party funeral after concluding the instant lease agreement with E. (2) The special terms and conditions of the lease agreement and the main terms and conditions of the proviso to the lease of the party funeral are as follows.

Special Provisions on Real Estate Lease Agreement

1. 20,000,000 won out of the facility cost and the price of machines, instruments, etc. shall be deposited to the lessor by April 30, 2014, including the rental deposit;

1. Provisions of the proviso to the lease of a billiard hall (excluding separate surtax) under which both parties are obliged to file a report of value added tax (hereinafter referred to as “instant proviso provisions”);

1. Object of lease: The head of Bupyeong-gu Incheon Bupyeong-gu, 405 G party room of 405 stories;

2. A total of 11 units including 11 units and parts, electronic equipment, air-conditioning and heating facilities in a party room and a large of 2 units, Atotos 8 unit, Poet 1 unit.