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(영문) 서울중앙지방법원 2016.05.12 2015가단5375605
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from December 17, 2015 to the date of full payment.

Reasons

1. In addition to the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 5 as to the cause of the claim, the defendant entered into a sub-lease contract with the head of office, head of system Korea Co., Ltd. (hereinafter "non-party company") around March 17, 2015 to pay 60,000,000 won for nine months from the expiration of the sub-lease period without a deposit, and then occupied and used the above real estate from that time, and the non-party company transferred 40,000,000 won out of the rent under the sub-lease contract as above on October 30, 2015 to the plaintiff, and notified the defendant of the fact that the non-party transferred 40,000 won during the sub-lease period from April 1, 2015 to December 31, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff who acquired the claim for rent under the sub-lease agreement the amount of KRW 40,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 17, 2015 to the day of full payment, which is clear that the copy of the complaint of this case was served on the Defendant.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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