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(영문) 의정부지방법원고양지원 2014.02.21 2013가합51254
임대료
Text

1. The Defendants jointly and severally against the Plaintiff KRW 184,262,021 and KRW 176,916,860 among them, Defendant B shall be jointly and severally liable to the Plaintiff on June 18, 2013.

Reasons

1. Basic facts

A. On March 8, 2006, the Plaintiff agreed to remove the facilities installed by the Defendant B at the expiration of the lease term and restore the existing facilities to their original state. The Plaintiff leased each sectioned building listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant B with a deposit of KRW 120,00,000, monthly rent of KRW 8,200,000, and the period of two years (hereinafter “instant lease contract”).

(Paragraph 5). (b) of the special agreement.

At the time of the conclusion of the instant lease agreement, the Plaintiff received deposit of KRW 120,00,000 from Defendant B, and handed over the instant commercial building to Defendant B. Defendant B registered as an individual business operator of the name of Nonparty D’s location of the instant commercial building in the name of Nonparty D around May 15, 2006, and started a singing room business in the instant commercial building.

C. On March 8, 2007, the Plaintiff agreed to raise the rent in the instant lease agreement with Defendant B as KRW 9,000,000 per month from May 8, 2007.

On May 201, the Plaintiff prepared a sub-lease agreement (No. 3-1) that the Plaintiff leased the instant commercial building to Defendant B by sub-leaseing it to Defendant C to Defendant C to allow Defendant C to conduct business registration. At that time, the Plaintiff received KRW 70,000,000 from Defendant C and appropriated it for Defendant B’s repayment of overdue rent.

E. On May 25, 2011, Defendant C registered his personal business in the name of “Ek practice room” and operated his singing practice in the said commercial building along with Defendant B.

F. In February 2013, Nonparty F entered into a lease agreement that leases the fourth floor of the building to which the instant commercial building belongs from the Plaintiff to operate a screen golf course for the end of February 2013.

G. On March 2013, Defendant B recommended F to rent the instant commercial building with a higher height than the above fourth floor, and there is no particular problem in F.

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