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(영문) 서울중앙지방법원 2018.06.27 2017가합537287

임대료 등 청구

Text

1. Defendant I Co., Ltd.: (a) as to Plaintiff A’s KRW 209,874,614 and its KRW 191,710,094; and (b) as to Plaintiff B, the Plaintiff Company 102,672.

Reasons

1. Basic facts

A. The Plaintiffs share the Gangnam-gu Seoul J and K ground buildings (hereinafter “L building”) in the following equity ratios:

A 417/200 2 B 2000 3 C 185/2000 4 D 194/2000 5 E 340/2000 6 F 376.67/2000 G 283/2000

B. Defendant I Co., Ltd. (hereinafter “Defendant Company”) was established on August 23, 2004 for the purpose of Lestop business, and Defendant H serves as the representative director from the time of its incorporation.

C. On January 15, 2013, Plaintiff A, C, and D (hereinafter collectively referred to as “Plaintiff A, et al.”) and Defendant H drafted a real estate lease agreement for one-half portion of the first and second underground floors of L building (hereinafter “instant restaurant”) (hereinafter referred to as “instant first lease agreement”) and the main contents relating to the instant case are as follows.

The owner of the leased object, the plaintiff A, three others (hereinafter referred to as "A") and the tenant I company H (hereinafter referred to as "B") shall enter into a lease agreement to lease the leased object as follows:

Article 2 (Term of Lease) (1) This lease term shall be effective from the date of conclusion, and the term of lease shall be one year from January 15, 2013 to December 31, 2013. Article 3 (Lease Deposit) (1) "B" shall deposit KRW 180,00,000 with "A" as a lease deposit.

2) In the event that a lease deposit is not deposited in “A”, “B” may submit to “A” a guarantee insurance company’s securities equivalent to rent, management fee, etc. to guarantee the payment of rent, management fee, etc., and replace the deposit of a lease deposit. Monthly rent of Article 4 (Monthly Rent and Management Fee) 1 shall be KRW 25 million (excluding value-added tax), and the period for calculating rent shall be calculated from the first day of each month to the last day of each month, and the rent for each month shall be calculated as one month.