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(영문) 창원지방법원 2018.11.02 2018나50632

추심금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was established on October 28, 2013 and operated by its representative D. On September 3, 2014, E acquired the business and took office as a shareholder of C and an intra-corporate director and representative. Around April 24, 2015, C’s permission for interim waste recycling business was granted a change in the name of its representative, etc.

B. On September 23, 2014, the Defendant prepared a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in E and the annexed sheet (hereinafter “instant real estate”), setting the lease deposit amount of KRW 40 million, KRW 3700,000 per month, and the lease term of KRW 3.7 million per month, from April 1, 2015 to March 30, 2018, and the lessee’s column is as follows.

The name and resident registration number of the lessee: F Address: G telephone number in Kimhae-si: H

C. As to the instant real estate, the Defendant: (a) written a lease agreement stating only the content that “The lease period shall be from April 1, 2015 to March 30, 2018” (hereinafter “notarial lease agreement”); and (b) on April 10, 2015, a notary public obtained authentication from the Changwon Law Firm No. 1362 on April 10, 2015; (c) on the notarized lease agreement of this case, no deposit or rent is entirely stated in the notarized lease agreement of this case; and (d) the tenant’s column is written below.

Lessee representative director E address of lessee Co., Ltd.: Kimhae-si G

D. On October 30, 2015, the Defendant drafted a new lease agreement (hereinafter “instant lease agreement”) by changing the lease term from October 30, 2015 to September 29, 2017, respectively, from October 30, 2015, as KRW 3.2 million per month, and from October 30, 2015 to KRW 3.2 million per month, and from September 29, 2017, the Defendant entered into a new lease agreement (hereinafter “instant lease agreement”). The details of the lessee’s column of the instant lease agreement are as follows.

The name and resident registration number of the tenant : F Address: Kimhae-si, and the telephone number of two parcels: H

E. Meanwhile, on the other hand.