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(영문) 서울고등법원 2018.10.11 2018나2010676
임대료 청구의 소
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) A bankrupt debtor A (hereinafter “A”)

(2) The Defendants leased a store located in the J Village from A to operate a restaurant and a car page, etc., and the Plaintiff is a trustee in bankruptcy. (2) The Defendants are those who leased a store located in the J Village from A.

B. 1) Defendant C entered into each lease agreement between Defendant C and the Defendants, etc. on October 1, 2012, the first floor of K and L ground D from Defendant C (hereinafter “the first leased object of this case”).

350,000,000 of the lease deposit, and the rent for the lease to the effect that “20% of the monthly sales of store operated by Defendant C in the subject matter of the lease of this case” (payment by 50% each on October 15, 2012) and the lease to the lease to be made during the period from October 15, 2012 to March 31, 2014 (hereinafter “instant lease agreement”).

(2) On July 1, 2010, Defendant D entered into a lease agreement with Defendant D, setting the lease deposit amount of KRW 250,000,000, and the rent of KRW 30% of the monthly sales of the store operated by Defendant D in the subject matter of the lease of this case and KRW 20% of the monthly sales of the store operated by Defendant D in the subject matter of lease of this case (hereinafter “the lease agreement of this case”) from Defendant D to October 1, 2009 to September 30, 2010 (hereinafter “the lease agreement of this case”).

3) As between Defendant E and A on June 23, 2010, Defendant E is the first floor of the ground building N in the case of Pakistan from Defendant E (hereinafter “third lease object of this case”).

) The lease deposit amount of KRW 80,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax, payment on the last day of each month, and payment on July 23, 2010 through July 23, 2012) is to be leased.

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