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(영문) 인천지방법원 2015.04.16 2014나12386

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 21, 2012, the Plaintiff leased KRW 25,000,00 to EFT (hereinafter “NT”) on October 30, 2012, the payment order was issued on January 15, 2014 to the effect that “the Plaintiff shall pay to the Plaintiff KRW 25,000,000 and interest and delay damages thereon,” upon the Non-Party Company’s failure to pay it, the Plaintiff applied for a payment order with the Incheon District Court 2013 tea15069.

B. On January 20, 2014, the Defendant entered into a contract with the Nonparty Company on the lease of the land for factory B 15,680 square meters and above ground factory buildings (hereinafter “each of the instant real estate”) (hereinafter “instant contract”) as follows.

(In the instant contract, “A” means the non-party company, “B” means the Defendant). In the instant real estate lease agreement under Article 2 (Contents of the Contract), the lessee shall pay the deposit and rent as follows:

1. Deposit: Gold set of ten million won (gold 40,000,000 won);

2. Down payment: Gu million won (gold KRW 9,00,000) and payment at the time of a contract ( January 20, 2014).

3. Balance: Payment made on January 29, 2014, the amount of Geumcheon million won (gold 31,00,000 won).

4. Monthly rent: This million won (gold 20,000,000 won). Article 5

1. Eul may alter or construct a building with the consent or approval of Gap;

2. A shall bear all the expenses, such as the construction cost and incidental expenses used by B.

3. The construction works which have been concluded orally shall be deemed consent thereto.

Article 9 (Matters of Special Agreement) In addition to the General Matters of the above Agreement, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall prevail.

1. At the time of a dispute, rehabilitation, bankruptcy, or auction proceedings with a third party with respect to a leased plant, Eul shall use the above real estate without compensation, and Gap shall not claim rent, terminate the contract, or raise any objection thereto.