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(영문) 대구지방법원서부지원 2016.07.13 2015가단37072

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 9, 2014, the Plaintiff: (a) leased a factory of 1269.23 square meters in the attached list from the Defendant (hereinafter “instant building”) with a lease deposit of 150,000,000 square meters; (b) monthly rent of KRW 7,30,000; and (c) from March 1, 2014 to February 28, 2016; and (d) completed the registration of the establishment of chonsegwon with the same content as to the instant building on March 3, 2014.

B. On February 27, 2014, the Plaintiff concluded a construction contract with D and the construction cost of KRW 45,00,000 (excluding value-added tax) to use part of the first floor of the instant building with high height as the second floor. D completed the construction project on March 10, 2014.

C. As to the instant building, on October 8, 2014, the procedure for compulsory auction E to the Daegu District Court that applied for by the East Metal Co., Ltd. was initiated, and on October 21, 2014, the procedure for voluntary auction procedure was initiated in the same court as applied by the Daegu Bank that applied for by the Daegu Bank that Co., Ltd., and each of the above auction procedures (hereinafter “instant auction procedure”). D.

Around January 9, 2014, when the date of preparation of the instant auction procedure was in progress, the Plaintiff prepared a written consent as shown in the following table 1 and obtained a seal from the Defendant. Since then, the Plaintiff prepared a written consent as indicated in the table 2, which was retroactive to January 21, 2014, and received a seal from the Defendant.

(hereinafter referred to as "the First and Second Consent Forms," and combined as "each of the instant Consent Forms," and the name of the construction project in 1st century: The A-dong Corporation in charge of the first floor project.

1. Consent to the extension of the first-story administrative affairs Dong to the general meeting of the tenants and the securing and use of the second-story space at the expense of the Bank of Bankruptcy;

2.In the event of subsequent directors, active collaboration shall be made to enable them to succeed to new tenants to collect expenses.

On January 9, 2014, the name of the Corporation shall be the name of the Corporation in charge of the settlement of the lease-related disputes C: A-dong Corporation in charge of the first floor.

1.In the cost of the Loan Resolution Committee, the first floor shall be extended to the second floor and the second floor space at the expense of the Loan Resolution Committee.