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(영문) 창원지방법원마산지원 2017.07.12 2017가단769

건물명도(인도)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 15, 2016, the Plaintiff, from Nonparty C, set the lease deposit amount of KRW 40 million, monthly rent of KRW 8 million, and from January 5, 2016 to January 4, 2018, the lease deposit amount of KRW 40 million, KRW 8 million, monthly rent of KRW 8 million, and period of lease from January 5, 2016 to January 4, 2018.

B. On March 21, 2016, the Defendant set the lease deposit amount of KRW 10 million, monthly rent of KRW 5 million, and the lease period from March 21, 2016 to March 20, 2017.

C. On June 20, 2016, Defendant B, among the instant factories, installed machinery, such as singlings, and carried out the clinical processing work requested by Defendant A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 9, 10 (including virtual numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On June 20, 2016, the Plaintiff: (a) leased the dispute portion among the instant factories from the Plaintiff on June 20, 2016 to KRW 2 million; (b) Defendant B agreed on behalf of Defendant B as a staff member of the Defendant’s ASEAN to be responsible for Defendant B’s above-mentioned rental debt; (c) accordingly, the Plaintiff asserts that the Defendants seek payment of the monthly rent of KRW 18,236,566 and its delay damages from June 20 to March 23, 2017.

As to this, Defendant B did not lease the dispute portion of the instant factory from the Plaintiff, and Defendant B agreed between the Plaintiff and the Plaintiff to take responsibility for the entire electricity fee of the instant factory instead of using the dispute portion of the instant factory in lieu of the Defendant ASEAN. However, Defendant B did not take charge of the entire electricity fee of the instant factory.