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(영문) 서울중앙지방법원 2017.10.12 2017가합519524
공탁금 출급청구권 확인
Text

1. The Plaintiff and Defendant A Co., Ltd. on February 22, 2017: (a) Seoul Central District Court on February 22, 2017.

Reasons

1. Basic facts

A. On June 24, 2014, Defendant B loaned KRW 1.5 billion to Defendant A Co., Ltd. (hereinafter “A”) at interest rate of 2% per annum (hereinafter “instant loan”).

B. (1) Defendant A entered into the instant lease agreement, etc.) Defendant D (hereinafter “D”) on June 19, 2014.

(B) A lease agreement on the first and second floor underground of the D hotel located in Gangnam-gu Seoul Metropolitan Government and on the entire middle floor (hereinafter referred to as “instant lease”).

(2) In order to secure the instant loan claims of Defendant B, the Defendants jointly leased the said real estate, and the principal contents thereof are as follows. [Lessee] Defendant A [Lessee] Defendant A [Co-sureties] Defendant B [Attachment] [Attachment] Defendant B [Attachment] [Attachment] Defendant B] 1 (Indication of Lease object) and the total of 1,770.74 square meters of the 1,774 square meters of the underground and middle floors in the D hotel located in Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government, may not be leased for the purpose of using the leased object for the purpose of entertainment tavern (e.g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., from September 16, 2013 to September 15, 2016. The lease period of Article 5 (Rent and date of occupancy) shall be KRW 100,00,00,00,00, monthly.

1. The lessee shall deposit the down payment KRW 250,000,000,000,000 as the deposit for lease deposit, and deposit the intermediate payment of KRW 700,000,000 ( KRW 700,000) by August 20, 2013, and deposit the intermediate payment of KRW 550,000,000 ( KRW 550,000) by August 31, 2013, and deposit the remainder of KRW 1,000,000 ( KRW 1,00,000,000) with the lessor by September 15, 2013.

Article 14 (Prohibition of Transfer and Sublease of Rights)

1.The lessee may not assign or sublease any rights and obligations under this lease to a third party and shall not assign or sublease any claims under this contract.

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