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(영문) 서울중앙지방법원 2018.05.31 2017가단5192323
관리비
Text

1. The Defendant (Appointed Party) and the Appointed Party B jointly and severally with the Plaintiff KRW 24,868,594 and the Plaintiff’s aforementioned costs on May 10, 2018.

Reasons

1. Facts of recognition;

A. On April 22, 2015, the Plaintiff leased the lease deposit amounting to KRW 170,000,000, and the term of lease from April 22, 2015 to April 21, 2017, with respect to the 12nd floor No. 1203 (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). B.

On February 8, 2017, the Plaintiff notified C of the termination of the instant lease agreement as of April 21, 2017.

C. The Selection B purchased the instant real estate from C on March 24, 2017, and acquired its ownership on April 28, 2017.

On May 17, 2017, B succeeded to the obligation of the Plaintiff to refund KRW 170,00,000 to the Plaintiff. From June 16, 2017, B agreed to pay the legal interest of the lease deposit and the legal interest from April 21, 2017 to the repayment period through a new lessee, etc. until June 16, 2017. If the lease deposit is not repaid until that time, the lease deposit shall be repaid through a new lease deposit by changing the terms of lease, etc. until August 30, 2017. In this case, the interest rate of KRW 6% per annum shall be paid to the Plaintiff, and the management expenses incurred or all expenses incurred from the termination of the instant lease agreement shall be responsible and paid.

The Defendant (Appointed Party, hereinafter “Defendant”) jointly and severally guaranteed the obligation to pay all expenses, such as the obligation to return lease deposit, management expenses, etc., to the Plaintiff in the designated party B on the same day.

E. On January 12, 2018, the Plaintiff, the Defendant, and the designated parties B entered into an agreement that includes the following:

1. The Selection B and the Defendant shall pay to the Plaintiff the remainder amount of KRW 40,000,000 for lease deposit ( principal of KRW 170,000,000,000 paid on November 2, 2017 and KRW 20,000,000 paid on January 2, 2018) and delay damages of KRW 6,927,127,127,120, total of KRW 46,00.

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