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(영문) 창원지방법원통영지원 2013.11.07 2013가합405
약정금
Text

1. Defendant B’s KRW 240,000,000 as well as 5% per annum from March 7, 2013 to November 7, 2013, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B and C are married, and Defendant D and E share each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as the children of Defendant B and C.

B. After consultation with the Plaintiff’s husband F with the Plaintiff on the lease of each of the instant real estate, Defendant B agreed to the Plaintiff as a party to the lease contract of each of the instant real estate according to the agreement between the Plaintiff and F.

C. Accordingly, on December 11, 2012, with the Defendants’ consent to use the site, the Plaintiff newly constructed a cafeteria with the trade name “G” on each of the instant real estate (hereinafter “instant cafeteria”).

On the other hand, on February 2, 2013, F and Defendant B drafted a lease agreement (hereinafter “instant lease agreement”) stating that “Defendant B and C shall lease each of the instant real estate to the Plaintiff with a fixed lease term of KRW 20 million, monthly rent of KRW 10 million, and ten years for the lease term” (hereinafter “instant lease agreement”).

On the other hand, among the instant lease agreement, the terms and conditions of the contract, special terms and conditions, and tenant terms and conditions were written in advance by the Plaintiff’s father, and Defendant B, with his own name and the name of Defendant C written in the lessor, entered the lessor’s name and the name of Defendant C, and F affixed his seal impression on the signature and seal of Defendant B and C.

E. However, when there was a dispute between the Plaintiff, Defendant B, and Defendant C on the developments leading up to the preparation of the instant lease agreement and the contents thereof, etc., the Plaintiff resisted Defendant B to the effect that, around February 12, 2013, Defendant C interfered with the instant restaurant business, and thereby resulting in damage equivalent to KRW 400 million in total due to facility cost, etc. (the confirmed contents will be arranged and notified soon).

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