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(영문) 수원지방법원 2015.01.15 2013가단104420
임료
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On April 16, 2012, the Plaintiff asserted that the Plaintiff leased KRW 15,00,000, monthly rent of KRW 800,000 to E, a stock company other than the applicant, 101, which owned the building of the C ground, as of April 16, 2012, and during the period from April 16, 2012 to April 16, 2014, the Plaintiff agreed to lease KRW 18,00,000, monthly rent of KRW 80,000, monthly rent of KRW 800,000, and period of lease from April 25, 2012 to April 24, 2014.

However, the above tenant companies are companies that do not actually operate, and the Defendants jointly built machinery (scriptive machine) on each of the above buildings (hereinafter “each of the above buildings”) as actual actors. The Defendants did not pay security deposit and rent, and did not comply with the Plaintiff’s demand for delivery, and possessed each of the above buildings until June 7, 2013. As such, the Defendants jointly and severally owned each of the above buildings from April 16, 2012 to June 7, 2013 (13th 21th 10,959,986 won and 10,000 won per 80,000 won per month from April 25, 2012 to June 7, 2013 (13th 21th 20,000 won), the Defendants shall pay the Plaintiff an amount equivalent to the total of KRW 10,959,986 won per month from June 25, 2012 to June 7, 2013 (13 months).

2. Determination

A. Although there is no dispute as to the fact that machinery (s) was installed in each of the instant buildings during the period alleged by the Plaintiff as to the claim against Defendant B, in full view of the witness H’s testimony and pleading, the fact that the Plaintiff’s employee provided each of the instant buildings to Defendant B as a manufacturing factory and the Defendant B offered the so-called small president system by installing machinery in each of the instant buildings and paying a certain amount of processing fees. After the dispute between the Plaintiff and H, it was impossible for Defendant B to use the machinery installed by entering each of the instant buildings or take out the machinery.

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