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(영문) 서울중앙지방법원 2018.09.20 2017가합567707

기타(금전)

Text

1. The Defendant’s KRW 64,184,968 for the Plaintiff and KRW 7% per annum from July 1, 2018 to September 20, 2018.

Reasons

1. Basic facts

A. On September 1, 2016, the Seoul Rehabilitation Court rendered a decision to commence the rehabilitation procedures on September 1, 2016 with respect to the Hanjin Shipping Co., Ltd. (hereinafter “Korea Rehabilitation Court”), and the decision to discontinue the rehabilitation procedures was rendered on February 2, 2017, and thereafter the bankruptcy was rendered on February 17, 2017.

(hereinafter referred to as “Plaintiff” including both Hanjin Shipping Co., Ltd. and the trustee in bankruptcy. The Defendant (formerly changed: Hanjin Shipping Co., Ltd.) is a company that leases part of the Hanjin Shipping Building (hereinafter referred to as “the instant building”) located in Jung-dong, Busan, Jung-gu, Busan, 49-9, the Plaintiff owned from the Plaintiff.

B. On March 31, 2016, the Defendant concluded a lease agreement with the Plaintiff stating that ① the sum of KRW 295,415,00,00, monthly rent KRW 29,804,545 (Additional Tax), monthly management fee of KRW 23,847,940 (Additional Tax separate), and the period from April 1, 2016 to March 31, 2017 (hereinafter “the instant office and warehouse lease agreement”), ② the lease agreement with the Plaintiff stating that the office of the instant building was leased for the period from April 1, 2016 to March 31, 2017 (hereinafter “the instant office and warehouse lease agreement”); ② the lease agreement with the 27th floor, 1,622.94 square meters, KRW 12,735,00, KRW 17,270, KRW 17,545, KRW 270, KRW 2781,278,278,2781.

On the other hand, each of the above lease agreements provides that "a lessee shall deposit and pay a monthly rent in the old account as determined by the lessor by the tenth day of the pertinent month."

In addition, if each of the above lease agreements fails to pay the rental deposit, rent, management and maintenance expenses, and other expenses by the due date, the lessee shall apply the overdue interest rate for the overdue loan to the other commercial banks designated by the Korean bank (or the other commercial banks designated by the lessor) for the overdue amount and the overdue period.