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(영문) 대구지방법원김천지원 2016.07.21 2016가단987
임대료
Text

1. All claims of this case and counterclaim are dismissed.

2. The costs of lawsuit shall be either of the principal lawsuit and counterclaims.

Reasons

1. Basic facts

A. On April 20, 2012, the Plaintiff entered into a lease agreement with D on April 20, 2012, with the purport that KRW 100,000,000,000,000 for deposit money, KRW 1.2 million for rent, and the period from April 23, 2012 to April 22, 2014, on condition that inside electricity, etc. are voluntarily able to remodel and are not able to restore, and that the Plaintiff does not support the duty to restore.

(A)(b)

On October 8, 2013, the Plaintiff entered into a lease agreement with the Defendant, who was an employee of the non-performing C, with the content that the instant factory building shall be leased as deposit 10 million won, monthly rent 1.2 million won, and the period from October 8, 2013 to October 7, 2014, and the electricity tax is separate, and the water tax is divided, and the water tax is 30,000 won per month, and all the terms and conditions of the contract of the two parties CD shall be succeeded to.

(A)

C. From October 1, 2013 to August 8, 2014, the Defendant paid 8.4 million won to the Plaintiff, which is the amount equivalent to the monthly rent from October 1, 2013 to July 8, 2014.

(A2) The purport of the whole pleadings;

The Defendant delivered the instant factory building to the Plaintiff around October 2014.

2. Grounds for the principal lawsuit and counterclaim

A. Main suit: C used the instant factory building for 15 months from April 23, 2012 to October 7, 2013.

Therefore, monthly rent and water supply tax amounting to KRW 21,525,00 (i.e., KRW 1230,000 x 17.5). The Plaintiff received KRW 1,7380,00 from C in cash and received KRW 4,617,60 (the amount obtained by deducting the expenses required for realization, such as introduction, surcharge, transportation charge, etc. from KRW 6,177,60,00 from the proceeds of sale) as the goods. Meanwhile, the Plaintiff paid KRW 1,359,944 with the electricity tax to be paid by C and received KRW 1,87,344,00,00 for one-year period for which C’s employees were paid by C. Accordingly, the Plaintiff ultimately receives KRW 2,687,525,000 (=21,525,000 - 1,7387,617,600,359,1840,00 won).

However, since the defendant received C's factory and acquired the above debt as it is, the defendant is obligated to pay the above money to the plaintiff.

The defendant shall begin on October 8, 2013.

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