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(영문) 서울동부지방법원 2016.02.26 2015가단50935
관리비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that leases and manages the Songpa-gu Seoul Metropolitan Government C building.

B. D Co., Ltd. is the lessee leased 5th floor of the above building from the Plaintiff, and as of August 31, 2015, from September 2013 to August 2015, 33,739,180 won was not imposed and paid.

C. The defendant is the representative director of D Co., Ltd., the lessee.

Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination that the Defendant, the representative director of D, was responsible for the unpaid rent and management expenses, on December 19, 2015, and the Defendant, who was the Plaintiff, was obligated to pay the unpaid rent and management expenses to the Plaintiff according to the agreement.

In full view of the purport of the entire arguments in Gap evidence No. 3, the defendant signed the name column of the document confirming "A, the name of the company: D representative of the corporation, and us, from April 2014 to November 4, 2015, the unpaid rent of KRW 38,090,324 shall be unpaid as of December 4, 2015, and the relevant unpaid amount shall be submitted as of the date of payment plan as follows:

However, the defendant is the representative director of D, which is the lessee, and the purport of the written confirmation is that D, a corporation, is in a state of default of rent, and the repayment plan, such as the date and amount of repayment, shall be determined in detail, and it cannot be interpreted that the representative director is responsible for the unpaid rent and management fee.

Therefore, the plaintiff's above assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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