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(영문) 서울북부지방법원 2017.05.25 2016가합22381

임대차보증금

Text

1. The Defendant’s KRW 190,000,000 for the Plaintiff and 5% per annum from August 18, 2016 to May 25, 2017.

Reasons

1. Facts of recognition;

A. The status of the Defendant as a party is an incorporated foundation established for the purpose of establishing and maintaining charnels on November 17, 2009, the business of operating crematoriums entrusted with the management of crematoriums, etc., while C is appointed as a director with the Defendant’s representative authority on July 9, 2012.

In August 1, 2013, resignation was made.

B. On March 26, 2013, before completion of the construction, the Plaintiff entered into a lease agreement, etc. (hereinafter “instant lease agreement”) with C, a director having the Defendant’s power of representation through the Plaintiff’s husband H on March 26, 2013. As to the amount of KRW 150,000,000, monthly rent of KRW 10,000,000, monthly rent of KRW 10,000,000, and the rental period of KRW 218,000,000,000 (hereinafter “instant restaurant”) within the said crematorium, the Plaintiff entered into a lease agreement with the Plaintiff under the method of signing and signing a deposit agreement with the Plaintiff for the operation of the instant restaurant by up to 150,00,00,000, 200,000,000, and 100,000,000,00,00.

C. The Plaintiff paid KRW 190,00,000,000 to the Defendant as the deposit for the instant lease agreement and operation agreement, and KRW 190,00,00,000, in total, on March 29, 2013.

1) As of September 1, 2015, I, a director of the Defendant’s representative authority, concluded a lease agreement on the instant restaurant with J on September 1, 2015, and delivered the said restaurant to J. On the same day, after entering into a lease agreement on the instant store with K, and then delivered the said store to K. (2) On November 3, 2015, the Plaintiff against the Defendant as the Gwangju District Court Branch Branch Branch 2015Kahap161, on November 3, 2015.