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(영문) 창원지방법원 2017.04.27 2016나5348

임대료

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “B,” agreed to lease studio to Nonparty C, who is operating a partner company of the Sungsung Shipbuilding Marine Co., Ltd., with the workers’ lodging room, concluded a lease agreement with C and the first patrolman on December 2, 2015, and entered into an additional lease agreement for 4 studio room room on January 2016.

B. C paid to the Plaintiff KRW 6,215,174 in total, including deposit for the above studio 7 room under the first contract on December 4, 2015, rent for one month, management expenses, etc., and KRW 3,243,00 in total, including deposit for the above studio 4 room to be entered into an additional contract on December 23, 2015, and monthly rent for one month, management expenses, etc.

C. On February 18, 2016, when the Defendant was working in the position of a director in the above-mentioned Company B, the Defendant filed a request for the preparation of a statement with Nonparty D’s above studio administrator KRW 14,189,676 in the aggregate of the unpaid rent of KRW 14,189,676, and D stated D as “day-day fee 14,189,676 won,” “use-use-use-use-use-use-use-use-use-use-use-use-based rent rate (monthly rent)” and issued each letter (hereinafter “each of this case”) signed as “B Company A”.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant's liability to pay the rent of this case is that the third party, not the lessee, who is not the defendant, agreed to pay the unpaid rent of the above room at the time of the preparation of the above statement. Thus, the defendant is obligated to pay the plaintiff the unpaid rent of the room in accordance with the agreement of this case. 2) Accordingly, the defendant is forced to use the letter of this case for the purpose of showing that D would move out the workers living in the above room for the purpose of showing that D would move out to the plaintiff. Thus, the defendant is not liable to pay the rent to the defendant.

However, this shall be applicable.