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(영문) 서울중앙지방법원 2015.09.25 2014가단5350531
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 11, 2012, the Defendant is a non-party A Co., Ltd. (hereinafter “non-party A”) company on May 11, 2012.

B) On the leased object under the Defendant’s ownership, the following lease agreements are concluded between the Defendant and the Defendant (hereinafter “instant lease agreement”).

(1) The lease object: (a) the 51 household of Gangdong-gu Seoul Metropolitan Government apartment building B, and the 11st household of officetel 11 (hereinafter referred to as “B”).

(3) Monthly rent: 1.5 billion won in total for 51 households of apartments (excluding value-added tax; hereinafter the same shall apply).

(2) On July 2, 2013, the Defendant and Nonparty Company revised the terms of the instant lease agreement on July 2, 2013.

(1) The lease period: by May 14, 2014, (2) the lease deposit: 90 million won. (3) The management of the lease revenue: The repayment of debts owed by the non-party company to the defendant, such as the difference in the deposit, unpaid rent, etc., and the smooth management of the sub-lease contract for the non-party company, shall be deposited with the joint management account (the Industrial Bank C; hereinafter referred to as the "the bank account of this case") under the name of the defendant.

3. On March 2014, the Defendant and Nonparty Company consulted on the renewal of the instant lease agreement and agreed that the instant lease agreement will be terminated without renewal if the Nonparty Company fails to meet the requirements required by the Defendant, such as the increase of lease deposit and rent, and the return of lease deposit, etc.

① Nonparty Company waives the right to refund the lease deposit under the instant lease agreement.

② The Defendant shall replace the repayment obligation of the sub-lease deposit under the sub-lease contract concluded by the non-party company only with the amount equivalent to the amount of the loan waived under the above paragraph.

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