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(영문) 서울중앙지방법원 2017.09.22 2016나33164
임대료
Text

1. The defendant's appeal is dismissed.

2. The plaintiff's successor's claim raised in the trial is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff entered into a lease agreement between the Plaintiff and E and the Defendant’s business takeover 1) on September 25, 201, between E and E on September 25, 2011, and the fifth floor of the ground building in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”).

501 Of the 501 (hereinafter “instant leased”).

(2) On September 2013, the Plaintiff entered into a lease agreement with the terms of KRW 200 million, KRW 13 million per month of rent (excluding value-added tax), and the term of lease from September 25, 2011 to September 25, 2013 with respect to the lease, and E operated a postnatal care center in the instant lease section from that time. (2) On September 2013, the Plaintiff entered into a new lease agreement with E on the lease agreement with the term of lease by setting the lease deposit amount of KRW 20 million for the instant leased portion (in lieu of the existing lease deposit amount of KRW 20 million), KRW 80 million per month of rent (including value-added tax), and the term of lease by January 25, 2015.

E continued to pay 8 million won per month to the Plaintiff and operate a postnatal care center on the condition that no tax invoice is issued.

3) On July 1, 2014, the Defendant entered into a contract with E to comprehensively acquire the business of a postnatal care center operated by E in the instant leased section, and received the instant leased portion from E around that time. (b) On July 2, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Defendant on July 2, 2014, with the terms of a lease deposit amounting to KRW 200 million, monthly rent, KRW 12 million (including value-added tax, and payment on July 25, 2014), and a lease agreement between July 2, 2014 to July 2, 2017 (hereinafter “instant lease agreement”).

However, the lease deposit was under way between the Plaintiff and F with respect to the instant building as follows, and thus, the deposit was paid upon the confirmation of the result.

2 The defendant shall pay the plaintiff rent from July 2014.

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