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(영문) 서울남부지방법원 2015.02.11 2014가단52388
차임등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On June 2, 2011, the Plaintiff leased the instant real estate listed in the separate sheet (hereinafter “instant real estate”) to Company B as the lease deposit amount of KRW 43 million, KRW 44 million per month, and KRW 4.4 million per month from June 23, 2011, and KRW 24 months from June 23, 2011, with the Plaintiff’s consent, and Company B filed a lawsuit claiming that the instant real estate was leased to the Defendant on November 29, 201 with the Defendant’s consent, including KRW 20 million, KRW 150 million per month, KRW 1.5 million per month, and the sublease period from November 29, 2011 to June 22, 2013, but the Defendant did not pay overdue interest of KRW 30,304,305,300,300,000, and the instant case was not paid.

B. According to the evidence evidence Nos. 1, 2, 3 and 4 and 7, the plaintiff prepared a lease contract on June 2, 201 when leasing the real estate of this case. The tenant name column of the above contract includes "C" and the name of the defendant (A) is affixed to the following. The name of the defendant (B) has been entered in the sub-lease column under the sub-lease contract (hereinafter "sub-lease contract of this case") on November 29, 201. The sub-lease column under the sub-lease contract of this case was completed on June 7, 2011, the name and address of the representative director of the defendant (A), resident registration number, and the name of the defendant (A), the resident registration number of the defendant (A), and the fact that the defendant was entered in the sub-lease column from 1, 2011 to 201.

According to the above facts, it is reasonable to view that the defendant prepared the sub-lease contract of this case as the representative director of D Co., Ltd., and therefore, the defendant is the lessee under the sub-lease contract of this case.

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