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(영문) 의정부지방법원 2015.11.25 2015가단5873
연체차임
Text

1. Defendant C’s KRW 46,919,354 as well as 5% per annum from June 3, 2015 to November 25, 2015.

Reasons

1. Facts of recognition;

A. On February 6, 2012, the Plaintiff entered into a lease agreement with Defendant C and Yangyang-si, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1500,000 (hereinafter “instant lease agreement”) with respect to the warehouse located in D (hereinafter “instant warehouse”). As a special agreement, Defendant C determined that KRW 9,30,000,000,000, the rent of KRW 9,300,000,000,000,000 as the end of May 2015 and KRW 4,30,000,000,000 as the end of August 2012.

[Ground of recognition] In a case where there is no dispute over Defendant B: Gap evidence No. 3, Eul evidence No. 2: Defendant C as to each of the evidence No. 2: Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff asserted that, as the owner of the instant warehouse, Defendant C, on behalf of the Defendant B, entered into a lease agreement on January 17, 2009 with the term from January 30, 2009 to January 30, 201, setting the lease agreement with the term from January 30, 2009 to January 30, 2014, and Defendant B, as the owner of the instant warehouse, was liable to pay KRW 9.3 million to the Plaintiff and its delay damages.

B. According to Gap evidence Nos. 1, 2, and 5, the plaintiff entered into a lease contract with the defendant C on January 17, 2009 with regard to the warehouse of this case from KRW 10 million to KRW 8 million monthly rent, from January 30, 2009 to January 30, 2014; Eul's certificate No. 2 (real estate lease contract) stated "B" as "C; Eul's seal is affixed to the agent column; Eul's seal is affixed to the defendant Eul's name; KRW 8.5 million on February 2, 2009; KRW 9 million on March 28, 2009; KRW 9 million on May 30, 2009 to KRW 9 million on May 29, 2009; and KRW 9 million on August 29, 2009 to the plaintiff's passbook; and

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