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(영문) 서울중앙지방법원 2019.03.15 2017가단5094894
어음금
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) KRW 228,080,485 to the Plaintiff (Counterclaim Defendant) and KRW 197,211,943 among them.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On January 31, 2013, the Plaintiff operated a G store (hereinafter “instant commercial store”) after leasing part of the buildings E and the building located in Gangnam-gu Seoul Metropolitan Government KRW 400 million, monthly rent KRW 25 million, and the period from February 28, 2013 to February 27, 2018, and paying all deposits (hereinafter “instant commercial building”).

B. On May 27, 2015, the Plaintiff entered into a contract with the Defendant Company to transfer the instant commercial building to KRW 475 million ( KRW 400 million for the lease deposit paid by the Plaintiff, KRW 75 million for the premium, KRW 75 million) (hereinafter “instant transfer contract”). The details of the contract are as indicated in the “G store acquisition contract” in the attached Form.

C. The Defendant Company paid to the Plaintiff KRW 200 million in total the down payment and the partial intermediate payment. On June 1, 2015, a promissory note in the name of the Defendants (hereinafter “instant promissory note”) was issued to the Plaintiff as indicated in the separate sheet (hereinafter “instant promissory note”) with respect to the remaining intermediate payment and the remainder KRW 275 million. On June 1, 2015, a notary public drafted a notarial deed as 00182 with respect to the instant promissory note as a commission of H on June 11, 2015.

Around May 27, 2015, Co., Ltd. agreed to accept the status of tenant as to the instant commercial building from June 1, 2015 between the Plaintiff and the Defendants, but the Defendants agreed to substitute the lease deposit to be paid to the Plaintiff as the lease deposit already paid by the Plaintiff, and accordingly, agreed with the Defendants as follows.

Deposit: 40 million won monthly rent: Management expenses (excluding value-added tax, prepaid on the first day of each month): 1.2 million won per month (excluding value-added tax, and subsequent payment): From June 1, 2015 to February 28, 2018

E. The Defendant Company operated the instant commercial building from June 1, 2015 to June 1, 2016 at least, but did not pay rent, etc. at all.

Accordingly, Co., Ltd., Ltd., against the Defendants, is the Seoul Central District Court 2015da134663, which is the commercial building of this case.

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