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(영문) 대전지방법원 천안지원 2018.07.05 2017가단106615
추심금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 20, 2014, C Co., Ltd. entered into the first lease contract of this case with the Defendant. A Co., Ltd. entered into a real estate lease contract with the Defendant for the lease deposit amounting to KRW 40,00,000, monthly rent of KRW 20,000 from February 1, 2014 to January 31, 2016 (hereinafter “the first lease contract of this case”) with the Defendant: (a) KRW 15,680,00 and KRW 15,897.9,00 per Dong of a factory; (b) KRW 849.6,000; (c) KRW 36.82,5,00 per factory; and (d) KRW 1,682,682, and KRW 1,682,00 per factory; and (e) the Defendant paid KRW 100,000,000 for each of the instant real estate to the Defendant around 2010,20104.

Articles 5, 6, and 9 of the First Lease Agreement (No. 1 and 4) of this case shall be determined as follows:

Article 5 (Change of Structure)

1. B (the defendant, hereinafter the same shall apply) may alter or construct any building with the consent or permission of Party A (the stock company C, hereinafter the same shall apply);

2. A shall bear all the expenses, such as the construction cost and incidental expenses used by B.

3. The construction works which have been concluded orally shall be deemed consent thereto.

Article 6 (Restoration of Original State) In the case of new construction, reconstruction, structural change, etc. of this real estate with the consent (or consent) of A, the original restitution shall be made by A to pay to B all construction costs, such as construction costs and incidental expenses incurred by B by the expiration of the contract period (or termination).

Article 9 (Matters of Special Agreement) In addition to the General Matters of the above Agreement, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall prevail.

1. A, in relation to a leased plant, shall be entitled to dispute, rehabilitation or bankruptcy with a third party, and at the time of the auction procedure.

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