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(영문) 서울서부지방법원 2019.07.25 2018가단218086

구상금

Text

1. Of the instant lawsuit, the part demanding payment of KRW 25,659,200 shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 5,729,930.

Reasons

1. Basic facts

A. (1) On July 1, 2012, the Plaintiff entered into a lease agreement, etc.) the Seocho-gu Seoul Metropolitan Government Building D (hereinafter “instant building”) owned by the Defendant and the Plaintiff.

A) A lease agreement was concluded regarding the instant building, and the Defendant used the said building from around that time. (2) Meanwhile, the Defendant unpaid KRW 25,659,200 as management expenses for the instant building until December 19, 2013, and KRW 5,729,930 ( KRW 31,389,130 - KRW 25,659,200) from the following day until July 2015.

B. On July 7, 2015, the Plaintiff concluded a lease agreement with E (hereinafter “E”) on the instant building with a deposit of KRW 50 million, monthly rent of KRW 2.5 million, and the Plaintiff occupied the said building since around that time.

E, instead of paying KRW 31,389,130, out of the unpaid rent of KRW 32,50,000 for the Plaintiff incurred as of June 1, 2017, on behalf of the Plaintiff, paid all unpaid management expenses to the council of occupants’ representatives of the instant building until July 1, 2015 by the Defendant’s 31,389,130.

C. On December 20, 2013, the Defendant filed an application for commencement of individual rehabilitation procedures with the Seoul Rehabilitation Court 2013 245182, and the said court decided to authorize the repayment plan on March 9, 2015, following the decision to commence individual rehabilitation procedures on November 3, 2014 (hereinafter “instant individual rehabilitation procedures”).

(2) However, in the above individual rehabilitation procedure, claims against F (service company entrusted to the management by the council of occupants’ representatives of the instant building) against the Defendant are indicated as KRW 25,659,200, not later than December 19, 2013, regarding unpaid management expenses, however, the management expenses incurred thereafter and the Plaintiff’s future indemnity claims that may arise, which are the lessor of the instant building, have not been indicated.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6 through 9 (including the number of branch offices), Eul evidence No. 2, and building C of this Court.