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(영문) 대전지방법원 2019.01.25 2018나4992
전부금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 29, 2014, the Defendant: (a) leased (i) KRW 50,000,000 per deposit; (ii) KRW 2,500,000 per month of rent; (iii) KRW 10,000 per month; and (iv) KRW 10% of the late payment of monthly rent at least one week; and (iv) determined from September 1, 2014 to June 30, 2017 (hereinafter “instant lease”); and (v) operated the sports center at the instant store from around that time.

B. C following the Defendant’s delinquency on July 12, 2016: (a) Daejeon District Court 2016Da21527, Jan. 2, 2015 to Oct. 25, 2016: (b) KRW 37,491,80 [28,650,00 for overdue rent from January 201 to July 2016 + [28,650,00 for overdue rent + KRW 52,750 for 2,750,000 for 19 months x 19 months]; (c) the amount of overdue rent from January 2015 to October 25, 2016 + (c) the amount of overdue rent of KRW 275,00 for 275,00 for 360,000 for x 186,500 for 36 months; and (d) the amount of late payment = 28,500,500 for 16.8 months.

On April 6, 2017, the above court held that the Plaintiff:

On the ground that C received the entire order as described in the Paragraph, C’s claim for overdue rent was dismissed.

C. The Plaintiff filed an application with Daejeon District Court for a payment order claiming payment of KRW 100,000,000 for loans with the Daejeon District Court 2010 tea84 and delayed payment damages therefor, and received payment order from the above court on August 26, 2010, and the said decision became final and conclusive around that time.

On November 1, 2016, the Plaintiff’s claim amount against the Defendant under Daejeon District Court Decision 2016TTT No. 13311 on November 11, 2016.

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