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(영문) 대구지방법원 2021.01.12 2020나2258
장비임대료
Text

Of the judgment of the first instance, the Plaintiff’s KRW 19,825,500 against the Defendant and its related amount from September 17, 2019 to January 12, 2021.

Reasons

1. Basic facts

A. On June 26, 2014, Co., Defendant C (hereinafter “C”) entered into a lease agreement with the Plaintiff on the condition that C wishes to lease the first floor Fhode of the land E-gu, North Korea, Posi-si, the Plaintiff owned (hereinafter “instant real estate”) (hereinafter “instant lease agreement”) (hereinafter “G”), and the instant real estate with the trade name of “G” as “G” from the instant real estate.

- Lease deposit: 5,00,000 won - Rent: 1,000,000 won per month (excluding value-added tax, prepaid): Term of lease: November 1, 2013 to November 1, 2015 (2)

B. On November 1, 2015, Defendant D Co., Ltd. (hereinafter “D”) entered into a lease agreement between the Plaintiff and the Plaintiff to lease the instant real estate (hereinafter “instant lease agreement”) and jointly with the Plaintiff (hereinafter “instant lease agreement”) and the said “G”).

- Lease deposit: 5,00,000 won - Rent: 1,000,000 won per month (excluding value-added tax, prepaid): Term of lease: November 1, 2015 to November 1, 2017 (2)

C. On May 21, 2019, the Plaintiff asserted that the Defendant, who is the Plaintiff’s son, is not the Defendant but the Defendant. However, according to the overall purport of the statement and alteration theory No. 6-1, it is reasonable to view that the Defendant is the Defendant as the party to the instant Type 3 lease contract. Accordingly, the Defendant’s above assertion is rejected.

B. Between B and B, the Defendant entered into a lease agreement with the Plaintiff to lease the instant real estate (hereinafter “the instant lease agreement”). - Lease deposit: 20,000,000 won (unpaid) - Rent: 1,100,000 won per month (in advance) - Interest rate of KRW 20,000 for the lease deposit interest accrued to the Plaintiff.

: 200,000 won per month - 17,080,000 won per month, and 4,000,000 won per month.

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