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(영문) 서울중앙지방법원 2018.02.07 2015가합16212
정산금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant and the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. From around 2005, the Plaintiff established and operated the company G (hereinafter “instant company”) that operated the motor vehicle inspection business, comprehensive maintenance business, etc. at the location of the instant building by leasing the general steel structure (refinite) of the general steel structure (refinite) and the 4th floor of the land surface (refinite) from Gangnam-gu, Seoul and one parcel (hereinafter “instant building”).

From June 19, 2010 to January 2015, the Defendant and the Plaintiff (Counterclaim Plaintiff) leased the instant building 3,4, and the rooftop from the Plaintiff, as follows, and leased the name of the instant company to the Plaintiff, and have engaged in the automobile maintenance business on a separate account from the Plaintiff (hereinafter “Defendants” when both the Defendant and the Defendant (Counterclaim Plaintiff) and operated the automobile maintenance business (hereinafter “Defendants”; and, individually, “Defendants”). On May 19, 2010, the Plaintiff concluded a contract with the Defendant B to sublet the instant building 3, 4, and rooftop portion (hereinafter “former portion”) of the instant building leased from F to the Defendant from June 200 million won, monthly rent 1,6 million to June 20, 2010 to June 20, 2014.

(hereinafter referred to as “the first sublease contract”). The first sublease contract was stipulated as follows with respect to the lending from the Plaintiff to the Plaintiff of the business operator registration name of the instant company while Defendant B engaged in the automobile maintenance business in the preceding part of the instant tea.

(hereinafter referred to as the "first settlement special agreement"). [Matters of the first settlement special agreement for the sub-lease] Article 1 of the sub-lease shall allow the lessee to use the business registration of the automobile maintenance factory registered in the existing sub-lease real estate, and the sub-lessee shall bear all the taxes and public charges, including the tax accounts, following the sub-lease.

(Contents of Tax to be Borne)

1. Value-added tax equivalent to 10% of a tax invoice or card generated;

2. Sales;

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