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(영문) 서울남부지방법원 2017.06.08 2016가단211358
기타(금전)
Text

1. Defendant B’s KRW 50,500,000 and the Plaintiff’s annual rate of KRW 6% from July 10, 2016 to June 8, 2017.

Reasons

1. Basic facts

A. On December 31, 2013, the Plaintiff leased the instant pentan-gun E and F ground buildings (hereinafter “instant pentan”) with Defendant C, who represented by Defendant C, with a deposit of KRW 100 million, monthly rent of KRW 100,000,000,000 from February 3, 2014 to February 2, 2016, on condition that the lessee pre-paid the monthly rent of KRW 120,000,000,000 in total, and the monthly rent of the second year was determined as KRW 160,000,000,000 in total, and the lessor agreed to terminate the lease contract and not to return the deposit when the lessor fails to fulfill his/her obligation to pay the monthly rent.

(hereinafter referred to as “instant lease agreement”). B.

On the same day, the Plaintiff prepared a written contract stating that Defendant D Co., Ltd. (hereinafter referred to as “D”) who will be a business operator of the instant pension as the lessee will lease the instant pension deposit in KRW 10 million, monthly rent in KRW 6.25 million.

C. Defendant B paid KRW 120 million to the Plaintiff the monthly rent of KRW 120 million for the first year, but failed to pay KRW 160 million for the second year advance payment on the agreed date. On February 6, 2015, Defendant B notified the Defendants to pay the monthly rent by February 10, 2015, and notified the Defendants of the termination of the instant lease agreement on February 11, 2015.

Since then, the Plaintiff’s monthly rent was determined as KRW 14.5 million by G’s arbitration, and leased the instant pension to Defendant B as it is. On November 11, 2015, the Plaintiff was handed over the instant pension.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that the Plaintiff’s assertion is jointly and severally liable for the rental fee obligations of the instant pension since they are in a partnership with the instant pension business.

The instant lease agreement was terminated on February 11, 2015 due to the Defendants’ failure to perform the duty of advance payment.

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