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(영문) 인천지방법원 2019.05.31 2018가합55257
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C A business registration was completed on January 1, 2003, with the trade name “D,” and the Seocho-gu Seoul Metropolitan Government E-building (hereinafter “instant building”) operated a compound restaurant and a wedding hall (hereinafter “instant wedding hall”) on the first floor, second floor, nine floor, and ten floors underground of the Seocho-gu Seoul Metropolitan Government E-building (hereinafter “instant building”).

On June 22, 2016, the Plaintiff supplied C with food materials, etc. necessary for the operation of the instant wedding hall. When part of the price of the goods is unpaid, the Plaintiff received a payment order (Seoul Central District Court 2016 tea26812) from C to the effect that “C shall pay the Plaintiff KRW 270,382,880 and delay damages therefor,” and the said payment order was finalized on July 14, 2016.

[Agreement] F has leased to C the total of four floors with the first, second, nine, and ten floors below the ground of the instant building. F, the Defendant, and C agree to the succession of the building name and the building name map as follows.

By June 20, 2016, the Defendant, and C under the agreement, confirmed that the instant building was transferred to the Defendant, and that the instant building was handed over to the Defendant, and that the said building was also handed over to the Defendant, all of the facilities of the first, second, and tenth floors underground of the instant building.

The transfer of this system and the delivery of buildings shall be the responsibility of the defendant and C.

F verify that all responsibility is not attributable to the F.

1) Meanwhile, C is a F Co., Ltd. (hereinafter “F”) on June 20, 2016.

(1) The agreement with the Defendant on the following terms (hereinafter “instant agreement”)

F) On the same day, the letter of waiver of the following contents (hereinafter referred to as the “written waiver of the instant case”).

2) have drawn up a statement of refusal. (3) The written statement was drawn up.

1. F has leased to C the total 4 stories, the 1st, the 2nd, the 9th, and the 10th to the underground floor of the instant building, and C confirms that, on June 20, 2016, to the new lessee B, the 1st, the 2nd, and the 10th floor above the instant building, the 3th floor above the instant building was transferred to the Defendant and all of the facilities and all of the 1st floor above the instant building were transferred to C.

2. C is an object leased to the 9th floor of the instant building.

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