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1. The Defendant’s payment order issued by Seoul Southern District Court (Seoul Southern District Court 2017Hu143590) on August 9, 2017 against the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant established a lease relationship with the Plaintiff on September 1, 2010, and the building D of the building C (hereinafter “instant commercial building”) between the Plaintiff and the Plaintiff on September 1, 2010.
(2) A lease agreement was concluded between the Plaintiff on February 25, 201, 200, 100,000, monthly rent of KRW 20,000 (including value-added tax), and from December 31, 2010 to December 31, 2012, and around that time, the Plaintiff paid KRW 100,000,000 to the lease deposit, and the Plaintiff paid KRW 100,000,00,000 to the interior meal service, etc. upon delivery of the instant commercial building, and thereafter, the Defendant engaged in the “multi-cafeteria restaurant business” and “food retail business” in the name of “E” from January 6, 2011 to “E”. 2) The Defendant concluded a lease agreement between the Plaintiff and the Plaintiff on February 25, 201, and the instant commercial building at the same time between 10,000,000 and 20,000,000 won (including the lease deposit).
3) Since August 1, 2012, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff to rent the instant commercial building as KRW 100,000,000 (including value-added tax, and as from August 1, 2012, by setting the lease deposit amount of KRW 27,50,000 (including value-added tax).
B. The Defendant paid 866,250,000 won to the Plaintiff as monthly rent from February 14, 2011 to September 30, 2014.
In addition, the instant lease agreement was terminated by agreement between the original Defendant on September 30, 2014, and the Defendant transferred the instant commercial building to the Plaintiff on October 1, 2014.
C. On June 29, 2017, the Defendant applied for a payment order against the Plaintiff as Seoul Southern District Court Decision 2017 tea143590, Jun. 29, 2017, for a payment order claiming the payment of lease deposit. On August 9, 2017, “the Plaintiff” from the above court as to KRW 100,000,000 and its payment order from October 2, 2014 to the delivery date of the original payment order, and the payment order shall be paid in full from the following day.