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(영문) 서울중앙지방법원 2015.12.01 2014나32877

대납금

Text

1. Of the judgment of the court of first instance, the part against Plaintiff A, which constitutes the money ordering payment below, shall be revoked.

Reasons

1. Determination as to Plaintiff A’s claim

A. The facts of recognition (1) The defendant is given the identification number to the representative of "I" who is located at the location of 302 of the building in Jung-gu, Seoul (hereinafter "the building in this case") from the director of the Central Tax Office on October 19, 2004.

(B) In around 2005, the Plaintiff A and the Defendant recruited students from the “J” real estate manager process established in the instant building.

The defendant used the position of the president, and the plaintiff A used the position of professor with doctor's degree (Phh.D.).

(2) On August 11, 2004, K Co., Ltd. (A) concluded a lease deposit agreement with F to lease KRW 44,440,00, monthly rent of KRW 3,33,000 (hereinafter “instant office”) from F to lease KRW 302 and 303 (hereinafter “instant office”).

(B) The lessee of the instant lease agreement was changed from K on October 19, 2004 to the Defendant.

(C) On April 24, 2006, F urged the Defendant to pay as soon as possible the rent and management expenses under the instant lease agreement.

(D) Around May 2006, F was paid by the Plaintiff for the remainder of KRW 18,965,400 (=63,405,400 - lease deposit amount of KRW 44,440,00) after deducting the overdue rent and management fee of the instant office from the lease deposit.

The office of this case was delivered to F around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9, 10, and the purport of the whole pleadings

B. According to the reasoning of the judgment(1) cited in the above part(A), the defendant is obligated to pay the unpaid rent and management expenses, which the plaintiff paid by subrogation, KRW 18,965,400, and damages for delay.

(B) The defendant shall use most of the office of this case for his own business.