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(영문) 수원지방법원 2017.04.04 2016가단529242
청구이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to the case of application for the suspension of compulsory execution by this Court 2016 Chicago10149, September 2016

Reasons

1. Basic facts

A. On June 10, 2014, the Plaintiff leased part of the department store operated by the Defendant from the Defendant (hereinafter “instant store”) to operate the restaurant.

The lease contract between the Plaintiff and the Defendant (hereinafter “instant lease contract”) provides for the grounds for immediate termination of the contract as follows:

Article 37 (Termination of Contracts)

2. Where any of the following grounds arises, the lessor may terminate the relevant contract without delay:

2. Where a tenant has become bankrupt or insolvent, has filed an application for rehabilitation procedures or procedures similar thereto with respect to the tenant, or has received compulsory execution, etc. or application for auction of the commodities, fixtures and general sales claims incurred between the landlord and the lessee within the leased object due to the debt.

B. On July 20, 2016, with respect to the instant lease agreement between the Plaintiff and the Defendant, the telephone call (this Court No. 2016Da110) containing the following major contents was established.

4. In the following cases, the Plaintiff shall lose the benefit of the time period set forth in paragraph (1) above and immediately issue an order to the Defendant.

2. Where the plaintiff has become bankrupt or insolvent, or the plaintiff has filed a petition for bankruptcy, filed a petition for rehabilitation or filed a petition for rehabilitation, or the plaintiff has received compulsory execution, disposition on default, or request for auction of the leased store's goods, fixtures, rental deposit

C. Since the second half of 2014, the Plaintiff’s obligation was seized several times on the Plaintiff’s sales claim, and thereafter, the Plaintiff prepared a written confirmation to the Defendant that “the Plaintiff would have made partial repayment to creditors, and arranged the remainder by December 10, 2014.”

However, even after that, there was a seizure of claims against the plaintiff's sales claim, etc., and even on June 7, 2016 and July 6, 2016, the creditor A.

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