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(영문) 서울남부지방법원 2015.07.14 2014가단53916
양수금
Text

1. The Defendants amounting to KRW 100,000,000 and to KRW 5% per annum from July 27, 2014 to July 14, 2015, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 30, 201, D entered into a contract with the Defendants on a lease deposit of KRW 230,000,000, monthly rent of KRW 9,000 (excluding value-added tax) and KRW 230,000,000 from the delivery date of the lease term to December 30, 201, and thereafter, D paid the Defendants the lease deposit of KRW 230,00,000.

B. On March 23, 2012, D transferred to the Plaintiff the claim for return of KRW 100,000,000 out of the above lease deposit, and sent the notice of transfer to the Defendants by content-certified mail. The notice was sent to the Defendants on March 28, 201.

C. The Defendants filed a lawsuit seeking delivery of the leased object and payment of overdue rent, etc. against D and F (a person operating a massage place on the leased object, together with D or mixed with D) on December 18, 2013, following the second or more delayed payment of D’s monthly rent. At that time, the complaint was served on D and F.

On July 7, 2014, a decision to recommend reconciliation was made on July 7, 2014, and the decision was finalized on July 26 of the same month, and the decision is as follows:

(Provided, That “the Defendant” described below refers to the Plaintiffs in the lawsuit described in paragraph (c) above.

1. D and F receive from the Defendants the balance after deducting rents, management expenses, etc. in arrears in the amount of KRW 230,000,000 for future monthly rent of KRW 9,000 (excluding value-added tax) and management expenses, etc., and deliver the above leased object to the Defendants.

2. D and F shall pay the Defendants the unpaid rent of KRW 81,00,000 (excluding value-added tax, and the amount of value-added tax for February 3, 2013, 4.4., 5., 7.12 minutes, 3.1. portion, 9,00,000 for each nine month from October 2014 to June 2015, respectively.

3.D and F shall promptly deliver the leased object in any of the following cases:

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