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(영문) 인천지방법원부천지원 2019.08.30 2017가합100849

기타(금전)

Text

1. Defendant A Co., Ltd.:

(a) As regards KRW 1,130,440,661, among them, KRW 1410,971,716, June 1, 2019

Reasons

1. Facts of recognition;

A. On February 1, 2012, the Plaintiff leased the part of the instant possession among the buildings listed in the separate sheet No. 1 (hereinafter “instant building”) owned by the Plaintiff to the Defendant Company. Around 2013, the Defendant Company filed a lawsuit against the Defendant Company seeking the payment of rent, unpaid rent, and management expenses on the ground that the Defendant Company failed to pay rent, management fee, etc. on several occasions. Around early 2014, the Plaintiff and the Defendant Company continued to maintain the lease agreement as of February 1, 2012. However, the Defendant Company paid the unpaid rent, management fee, and its late payment to the Plaintiff in installments, and submitted the deposit equivalent to 20% of the remaining rent to the Plaintiff in cash or in performance guarantee insurance policy, and paid the rent calculated by applying the rental rate in accordance with the result of separate service as to the sales of the Defendant Company, which is the Plaintiff’s subsidiary that is entrusted with the management of the instant building (hereinafter “C”) to the Plaintiff, and paid the adjustment of the main contents of the rent, management fee (hereinafter.

B. On March 30, 2015, when the Defendant Company fulfilled all the obligations under the above adjustment, the Plaintiff re-leased the occupied portion to the Defendant Company, and entered into a lease agreement with the following provisions on important matters (hereinafter “instant lease agreement”). The content was reflected in the content of the said existing lease agreement.

Article 1 (Lease Property) 420.76 square meters for convenience stores for each floor (Preparation Room) (i.e., 229.42 square meters for exclusive use) (i.e., 191.34 square meters for common use) 478.36 square meters for one floor (i.e., 260. 83 square meters for exclusive use) (i., 217.53 square meters for common use) 2,066.90 square meters for two floors (i.e., 1,171.0 square meters for exclusive use) 2,966.02 square meters for 1,66.02 square meters for common use ( 1,661.25 square meters for exclusive use).