logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.02.21 2017가단220987
임료등 청구
Text

1. The individual rehabilitation claim of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) C is confirmed to be KRW 27,422,500, respectively.

2.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiffs: (a) leased a deposit of KRW 100 million; (b) monthly rent of KRW 4 million; (c) from December 15, 2016 to April 30, 2018; and (d) leased a deposit of KRW 100,000,000 for the Seo-gu, Seo-gu, Daejeon; and (e) from F, the owner of the instant store.

B. On December 15, 2016, Plaintiff A’s ASEAN concluded a sublease contract with the Defendants on behalf of the Plaintiffs with the consent of the owners and lessors. From December 16, 2016 to April 30, 2018 with respect to the instant store, Plaintiff A’s ASEAN concluded a sublease contract with the Defendants to receive and sublease KRW 6,90,000 per month without a deposit (or KRW 4,000,000,000,000,000 (excluding value-added tax) monthly rents) from December 16, 2016 to April 30, 2018.

C. According to the sub-lease contract (the "sub-lease contract in this case, including A. 1 and B B and the above contract, hereinafter referred to as the "sub-lease contract in this case"), the minimum mandatory contract period is up to September 15, 2017, and if the Defendants terminate the sub-lease contract prior to the minimum mandatory contract period, they must pay the monthly rent and the expenses of sub-lease for the remaining period on the fixed date of every month. (2) The Defendants shall deposit the monthly rent of KRW 4 million to the building owner, and the expenses of sub-lease of KRW 2.5 million to the Plaintiffs in each month, and the Plaintiffs may terminate the sub-lease contract immediately if the expenses of the sub-lease or sub-lease are in arrears for two months.

The Defendants received the instant store on December 16, 2016; and 4.4 million won on January 16, 2017; and the same year.

2. With the payment of KRW 1 million in 28.2, there is no monthly rent, sublease, and management expenses until September 15, 2017, which is the minimum mandatory contract term.

E. On November 28, 2018, while the instant lawsuit was pending, the decision to commence the individual rehabilitation procedure against Defendant C was rendered on November 28, 2018.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 2 and 13 evidence (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiffs 1.

arrow