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(영문) 서울남부지방법원 2016.12.23 2016가단229274

사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 27,618,510 as well as 15% per annum from August 6, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. (1) On July 1, 2015, the auditor of the Plaintiff and C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a lease agreement with a separate setting of management expenses, from July 2, 2015, as to the lessor, the lessee, the non-party company (However, the name of the Defendant was stated under the name of the non-party company and signed by the Defendant), no deposit money, and the rent monthly (excluding value-added tax), from July 2, 2015 to July 1, 2016.

(2) On January 7, 2016, the Defendant concluded a lease agreement with the Plaintiff, but confirmed that the Plaintiff was unable to pay the rent due to the personal situation and economic depression, and prepared and issued a letter of payment performance to pay the unpaid rent of 23.5 million won from July 2, 2015 to February 1, 2016.

(3) In addition, the Defendant confirmed that the Plaintiff did not pay management expenses as a tenant on the same day, and prepared and issued a payment undertaking to pay KRW 4,118,510 to November 2015, the unpaid management expenses from July 2015 to November 30, 2015.

[Ground of recognition] The items in Gap evidence Nos. 1, 3, 4, 5, Gap evidence Nos. 2-1, 2, 3, and Eul evidence No. 1, and the purport of the whole pleadings

B. According to the above facts, the Defendant is a lessee who has leased the leased object under the above lease agreement in the name of the non-party company. Even if it is not a lessee, the Defendant is obligated to pay the unpaid rent and management expenses under the above lease agreement, which is the party to the agreement to pay the unpaid rent and management expenses pursuant to the letter of payment performance and the letter of payment guarantee, with the unpaid rent of KRW 23,50,000,000, plus KRW 4,118,510, as well as unpaid management expenses, KRW 27,618,510, and delay damages calculated at the rate of 15% per annum from August 6, 2016 following the delivery date of the copy of the complaint of this case to the date of full payment, as the Plaintiff seeks.

2. Conclusion :