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(영문) 서울중앙지방법원 2018.05.15 2017가합536390

임대료 등 청구의 소

Text

1. The plaintiff, Ga.

Defendant Company B, D, and E are jointly and severally composed of KRW 78,571,914, and the amount from November 5, 2016 to June 14, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established on January 23, 2014 for the purpose of construction business, engineering business business, manufacture and sales business of ready-mixed, etc., with the commencement of rehabilitation procedures in 2013, and appointment F and G, etc. as a custodian, and the rehabilitation procedures were completed on February 3, 2016. 2) Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are companies established on January 23, 2014.

3) Defendant D is the representative director of Defendant B and C, and Defendant E is the actual manager of Defendant B and C as Defendant D’s father. B) On February 1, 2014, the Plaintiff (a manager F, G of the rehabilitation debtor corporation A) concluded a lease agreement between the Plaintiff and Defendant B with Defendant B on the condition that the Plaintiff’s building and structure, machinery, transport equipment, fixtures, etc. (hereinafter collectively referred to as “speed plant”) leased to Defendant B (hereinafter referred to as “the initial lease agreement in this case”). The main contents of the initial lease agreement in this case are as follows, and Defendant D and E jointly and severally guaranteed Defendant B’s obligation under the initial lease agreement in this case:

Article 2 (Lease Period) (1) The lease period shall be 35 months in total from February 1, 2014 to December 31, 2016.

(2) The term of lease may be extended by mutual agreement between the parties within 60 days prior to the expiration of the term of lease.

Article 3 (Rents) (1) During the period from February 1, 2014 to December 31, 2016, annual rents shall be fixed through a separate consultation.

(2) The annual rent referred to in paragraph (3) shall be mutually consulted, and shall be amended and renewed every year.

(3) A lessee shall remit the rent prescribed in paragraph (1) to the bank account designated by the lessor by no later than the 10th of the relevant month.

(4) Where a lessee delays the payment of rent under paragraph (2), the period delayed.