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(영문) 수원지방법원 2020.06.17 2018가단555375
임대료 등
Text

The defendant shall pay 175,00,000 won to the plaintiff and 12% per annum from September 5, 2018 to the day of complete payment.

Reasons

1. On January 1, 2017, the Plaintiff, a business that leases air conditioners (hereinafter “instant warehouse”) with the trade name of “C”, and concluded a storage contract with the Defendant that, around January 1, 2017, part of the instant warehouse is leased to the Defendant for the storage of goods and receives monthly rent from the Defendant.

The Plaintiff received rent, etc. from the Defendant while keeping the goods entrusted by the Defendant in the instant warehouse in accordance with the storage contract. Around December 4, 2017, the Defendant took out all the goods in the instant warehouse and terminated the said storage contract. There was a dispute between the Plaintiff and the Defendant in the process. Accordingly, on December 12, 2017, the Defendant filed a criminal complaint against the Plaintiff on charges of obstruction of use, obstruction of business, confinement, etc.

On December 29, 2017, the Defendant and the “Defendant” drafted a written agreement (Evidence (Evidence (A (2)) stating that, instead of receiving a reduction of the unpaid amount from KRW 175 million from the warehouse of this case, such as warehouse rent, electricity rent, and repair cost for the damage of goods due to the removal from the warehouse of this case on December 4, 2017, the Plaintiff agreed with the Plaintiff to withdraw a civil criminal lawsuit against the Plaintiff and not to institute a lawsuit thereafter, instead of receiving a reduction of the unpaid amount from KRW 175 million.

(2) On January 17, 2019, the Plaintiff filed an application for rehabilitation with Suwon District Court 2019dan103 on January 17, 2019 during the instant lawsuit, and received a decision to commence rehabilitation procedures on April 16, 2019, respectively, and received a decision to commence rehabilitation procedures on January 30, 2020, and on February 19, 2020, the Plaintiff rendered a decision to terminate rehabilitation procedures with respect to the Plaintiff on the ground that “the Plaintiff began repayment according to the rehabilitation plan and the implementation of the rehabilitation plan is not recognized.”

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 9, 10 evidence, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is the plaintiff of this case.

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