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(영문) 수원지방법원안양지원 2016.03.31 2015가단107623
정산금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff leased the entire first floor of the Seocho-gu Seoul Metropolitan Government D land and buildings (hereinafter “instant real estate”) from May 29, 2009 to May 31, 2012, the lease deposit amount of KRW 250,000,000, monthly rent of KRW 7,700,000 (including management expenses and additional taxes), and interest rate of KRW 10% per annum on rent of the said company.

The above company paid the lease deposit to the Plaintiff.

After that, the plaintiff and the above company extended the term of lease to June 15, 2014 and increased the monthly rent to KRW 8,500,000.

On April 2, 2010, the Plaintiff loaned 30,000,000 won to the above company as interest rate of 40,000,000 to October 2, 201, and the maturity of payment was determined on October 2, 2010, respectively.

After that, the Plaintiff and the above company agreed to deduct the principal and interest of the above 40,000,000 won from the above 250,000 won as of December 2, 2011, and the above 30,000,000 won as of July 10, 201. In the event the loan is not repaid, the Plaintiff and the above company agreed to deduct each of the above 40,000 won from the above 250,00,000 won.

On February 10, 2015, the Plaintiff entered into a contract with the Defendants to sell the instant real estate in KRW 3,300,000,000, with the following content as follows, and received KRW 400,000 as the down payment on the same day.

From the remainder of KRW 2,900,000, the down payment of KRW 400,000 on February 10, 2015, the Defendants succeeded to the lessor status of the said company as a lessor of the said company and the remainder of KRW 250,00,000,000 after deducting the loans from the Bank with respect to the instant real estate from the remainder of KRW 2,90,000,000 on May 11, 2015, and all other profits and expenses under the said lease agreement. The Defendants succeeds to the lessor status of the said company. The rights and obligations related to the previous lease as of May 10, 205, as of May 24:0, 2015, the Plaintiff reverted to the Defendants respectively, and the rights and obligations relation after the said lease agreement belongs to the Defendants on May 11, 205.

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