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(영문) 서울남부지방법원 2018.08.17 2016나59964
기타(금전)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On March 8, 2011, the Plaintiff agreed to lease 1001 of the 10th floor of the 10th floor of the building located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant 1001”). Defendant B occupied and used part of the instant 1001, and Defendant B operated the G Care Center while occupying and using some of the remainder of the instant 1001.

(1) Defendant B shall lease part of the instant No. 1001 of the monthly rent of KRW 40 million (Provided, That the written contract shall state the deposit as KRW 30 million) and KRW 4 million.

(2) Defendant C shall lease part of the remainder of the instant No. 1001 in the monthly rent of KRW 20 million and KRW 2 million.

B. The Defendants paid to the Plaintiff the full amount of KRW 60 million, but did not pay the monthly rent from August 2013.

C. Around May 31, 2014, the total amount of unpaid rents by the Defendants reached an agreement with the Defendants on the following: (a) the Plaintiff urged the Defendants to pay the rent; (b) on June 18, 2014, the Plaintiff and the Defendants agreed that “Defendant B shall pay the Plaintiff a monthly rent of KRW 4.4 million; and (c) Defendant C shall pay the Plaintiff a monthly rent of KRW 2.2 million.”

hereinafter referred to as "Agreement on June 18, 2014" is referred to as "Agreement".

(D) As to the instant 101, the auction procedure was conducted, and the payment of the successful bid price was paid in full by Defendant B, Nonparty H, and I (the registration of transfer was completed in 1/3 shares each), the Plaintiff lost the ownership of the instant 1001, and each lease contract with the Defendants was concluded on January 21, 2015. [In the absence of any dispute over the grounds for recognition, Party A’s evidence No. 1, and evidence No. 2-1, 2, 3, and 3 through 6, the entire purport of the pleadings and the entire purport of the pleadings.

2. Determination as to the cause of action

A. According to the facts of the recognition of the claim for the unpaid rent against Defendant B, Defendant B shall be entitled to the Plaintiff, and the amount of KRW 40,000,000,000, which was deducted from the security deposit and the entire security deposit is extinguished.

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