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(영문) 서울중앙지방법원 2014.12.17 2014가합545478

임대료 등

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 208,807,613 as well as Defendant A and C with respect thereto from July 4, 2014.

Reasons

1. Facts of recognition;

A. On December 14, 2011, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a lease agreement with the Defendant Company with the amount of KRW 21063, B1064, B1065, B106, B106, B1067, B1068, B1068, B1069, B1084, B1085, and B1086 as security deposit 150,000 won, monthly rent of KRW 12 million, monthly rent of KRW 12,000,000 (value-added tax, KRW 10,000,000 for two years, monthly deposit, and payment period of KRW 15 per annum if they are paid after the lapse of the payment period).

(hereinafter “instant lease agreement”). B.

The Defendant Company in arrears, such as the rent of the Defendant Company, did not pay the rent and monthly management expenses under the instant lease agreement, and the unpaid rent is KRW 272,275,277, and the unpaid management fee is KRW 86,532,336.

C. On January 28, 2014, Defendant C and Defendant B, the representative director of the Defendant Company, at the time of concluding the instant lease agreement, who was the Defendant Company’s representative director, prepared a written statement of performance that the Defendant Company and the Defendant Company jointly and severally agreed with the Defendant Company to pay the overdue rent, management fee, and damages for delay.

(hereinafter “instant written rejection of execution”). 【No dispute exists concerning the grounds for recognition, Gap evidence 1-2, and 2 through 5 respectively, and the purport of the entire pleadings.

2. According to the facts of the determination as to the cause of the claim, the defendants jointly and severally set forth in the above facts, and 208,807,613 won remaining after subtracting 150,00,000,000 won for lease deposit paid by the defendant company which the plaintiff is entitled to the deduction from the total of 272,275,277 won for unpaid rent and 86,532,336 won for unpaid management expenses, and 208,807,613 won, and damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 4, 2014 (the day following the delivery of a copy of the complaint in this case against the above defendants) to July 8, 2014 (the day following the delivery of a copy of the complaint in this case against the above defendants).