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(영문) 청주지방법원 2016.04.28 2015가단18534
임대료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that C and D, operating B on July 6, 2012, leased SMT equipment at KRW 5,500,000 per month. On September 30, 2014, C and D, without the Plaintiff’s consent, paid rent for five (5) months directly to the Defendant, while paying rent to the Plaintiff on September 30, 2014, the Plaintiff did not pay KRW 36,30,000 (including value-added tax) for six (6) months from January 2015. Thus, the Plaintiff sought payment of the said money to the Defendant.

B. 1) Determination 1) In the event that the lessee was transferred without the lessor’s consent, the lessor may terminate the contract on such ground (see Article 629 of the Civil Act). However, in the event that the lessor consented or consented to the above sub-lease, the lessee directly bears the duty to the lessor (see Article 630(1) of the Civil Act). In this case, the lessor may claim a direct payment of the rent to the lessee. 2) Of the instant case, the first issue is whether C and D sub-lease the MF equipment to the Defendant, and the testimony of the witness D are insufficient to recognize the sub-lease, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is not reasonable without the need to further examine the remaining issues.

(B) The plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices, on the premise that the defendant acquired the business chain B from D, etc., and on the premise that the defendant acquired the business chain B. However, the plaintiff's claim of this case is without merit.

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