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(영문) 수원지방법원성남지원 2015.08.21 2014가단219063 (1)
임대료
Text

1. Defendant B and D shall be jointly and severally selected parties to the Plaintiff (designated parties) and the appointed parties, and Defendant B shall be jointly and severally liable for the amount of KRW 60,00,000.

Reasons

1. Presumed factual basis

A. On January 8, 2010, the network E (hereinafter referred to as “the network”) leased to Defendant B a building of the first and third floor above ground located in Seongbuk-si F (hereinafter “instant building”) with a lease deposit of KRW 30 million, monthly rent of KRW 4.7 million, and from February 18, 2010 to February 17, 2012 (hereinafter “the instant first lease contract”). On April 13, 2012, the period of the instant lease contract was extended from May 1, 2012 to April 30, 2014; Defendant B’s unpaid rent of KRW 87 million, KRW 30,000,000,000,000,000 from KRW 370,000,000,000,000,000 from KRW 30,000,000,000,000,000.

B. On December 16, 2012, the Deceased, upon introduction by Defendant B, leased the instant building to Defendant C with the lease deposit of KRW 30 million, monthly rent of KRW 4.7 million, and period of lease from December 16, 2012 to November 16, 2014 (hereinafter “instant lease agreement”).

The second lease agreement of this case states that Defendant C shall repay the unpaid rent of KRW 60 million to Defendant B by the end of February 2013 (hereinafter “the repayment of KRW 60 million by February 30), which is written by Defendant B in company with himself at the time of the conclusion of the above lease contract.

Defendant C’s partner G paid KRW 30 million to the Deceased on December 17, 2012.

C. On December 30, 2012, the Deceased leased the instant building to Defendant D at the request of G due to the termination of the partnership relationship between G and the Defendant C (hereinafter “instant third lease contract”) by setting the lease deposit of KRW 30 million, monthly rent of KRW 4.7 million, and the lease term from December 30, 2012 to November 30, 2014 (hereinafter “instant third lease contract”).

In the third lease contract of this case, the purport of Defendant D’s repayment of the unpaid rent of KRW 60 million by the end of February 2013 is stated that Defendant D would repay the unpaid rent of KRW 30 million by the end of February.

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