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(영문) 서울동부지방법원 2017.11.30 2015가단131988
시설비
Text

1. As to KRW 60,00,000 among the Plaintiff and KRW 30,000 among them, the Defendant shall start from March 1, 2013 to December 15, 2015.

Reasons

1. Determination on the cause of the claim

A. In full view of each of the statements in Gap evidence Nos. 1 through 6, Gap evidence No. 7-1, 2, and Gap evidence No. 9, the following facts are acknowledged and no other counter-proof exists.

On January 8, 2010, the Plaintiff entered into a contract to lease the first and third floor underground (hereinafter “instant building”) located in Sungnam-si, Sungnam-si, D with deposit money of KRW 30 million and monthly rent of KRW 4.7 million. Around that time, the Plaintiff paid deposit money to the Deceased, and operated the secondary management shop upon delivery of the instant building from the Deceased.

On April 13, 2012, the Plaintiff, who was in arrears, agreed to pay in installments the remaining overdue rent after deducting KRW 30 million from the security deposit.

On December 2012, the Plaintiff transferred the above skin management to E at KRW 100 million for the facility cost of the shop, and E concluded a lease agreement to pay KRW 60 million, out of KRW 100 million for the facility cost to be paid to the Plaintiff, to the Deceased with the Plaintiff’s overdue loan claim. Accordingly, E concluded a lease agreement to pay KRW 30 million for the deceased and the instant building at KRW 4.7 million for the monthly rent on December 16, 2012, and by the end of February 2013, the Plaintiff paid KRW 60 million for the delayed rent to the Deceased.

On December 30, 2012, upon the request of the F who operated the above skin management shop, E entered into a lease agreement with the deceased on December 30, 2012, stating that the deceased and the building of this case shall be leased at KRW 30 million per month, and KRW 4.7 million per month. By the end of February 2013, E entered into a lease agreement with the deceased on the payment of KRW 60 million in arrears by the deceased, while promising to pay the remainder of the facility cost to the Plaintiff.

Since then, the Plaintiff did not pay KRW 60,000,000,000,000 to the Deceased, which was agreed by the Defendant to pay on behalf of the Deceased as above, and was the inheritor of the Deceased during several times from June 2016 to September 2016.

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