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(영문) 인천지방법원 2017.11.16 2016가단53229

추심금

Text

1. The Defendant’s KRW 20,501,372 for the Plaintiff and 5% per annum for the period from November 19, 2016 to November 16, 2017, and the Plaintiff.

Reasons

1. As to the cause of claim

A. On November 5, 2012, the Defendant: (a) purchased a deposit of KRW 50,00,000 for the first floor D (hereinafter “instant store”) located in Bupyeong-gu Incheon; (b) from November 5, 2012 to November 5, 2014; (c) agreed to reinstate the instant store at the end of the contract (hereinafter “the instant lease”); (d) obtained a lease order of KRW 107 through 110 for the said year from November 20 to November 10, 200 for the first floor; and (e) renewed the lease order of KRW 4,50,000 for the said year from November 20, 2014 to October 14, 2015; and (e) renewed the above collection order of KRW 3,00,000 for the said year from October 16, 2014 to October 16, 2015; and (e) renewed the lease order of KRW 10,016,20.15.

3) From November 2015 to 25,884,138 won began to be overdue, and the Defendant agreed on the instant lease agreement on March 3, 2016, and paid KRW 24,15,862 to C the remaining deposit on the same day. [The grounds for recognition A, 2, 2, 1, 2, 4, 7-2, 7-3, the purport of the entire pleadings, and the purport of the entire pleadings.

B. The defendant is obligated to pay to the plaintiff the collection amount of KRW 24,115,862 and delay damages.

2. As to the defendant's argument

A. (1) Whether the party to the overdue charge is entitled to the overdue charge (A) Defendant C promised to pay the overdue charge of KRW 9,014,490 when the contract is terminated, and thus, the overdue charge should be deducted.

B) When the Plaintiff E accepts the obligation to pay the overdue management expenses, the Defendant exempted C from the obligation to pay the overdue management expenses. 2) The fact of recognition A is a restaurant in the name of “F” at the instant store.