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(영문) 춘천지방법원강릉지원 2015.09.09 2015가단232
임대료
Text

1. Defendant B’s interest rate of KRW 29,400,000 to the Plaintiff (Counterclaim Defendant) and its interest rate of KRW 29,40,00.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 29, 2013, the Plaintiff entered into a lease agreement with D Co., Ltd. (hereinafter “D”) on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), with respect to KRW 30,000,000, monthly rent of KRW 4,500,000 (Additional Tax), and each of the lease agreements (hereinafter “instant lease agreement”) from February 1, 2013 to January 31, 2015.

B. At the time of the instant lease agreement, Defendant B, the representative director of the D Company, and Defendant C, the inside director of the D Company, agreed to pay the Plaintiff the remaining rent within the contract period (i.e., 24 months of the contract period - the paid rent) where the D Company failed to pay the deposit by June 30, 2013, or where the Defendants were unable to pay more than two vehicles, the contract is terminated.

C. However, from February 1, 2014, D Company did not pay to the Plaintiff that it is a tea under the instant lease agreement.

[인정근거] ◎ 원고와 피고 B 사이 : 민사소송법 제150조에 의한 자백간주 ◎ 원고와 피고 C 사이 : 다툼 없는 사실, 갑 1호증, 변론 전체의 취지

2. Demand for principal lawsuit:

A. According to the above facts, Defendant B is obligated to pay the Plaintiff the remainder of the rent unpaid by Company D in accordance with the instant agreement, and as requested by the Plaintiff, Defendant B is obligated to pay KRW 29,400,000 (=4,950,000 [i.e., monthly rent of KRW 4,50,000 + KRW 450,000] x 12 months (from February 1, 2014 to January 31, 2015) x 30,000,000].

(2) Therefore, the plaintiff's claim against the defendant B is justified.

B. According to the above facts of claim against Defendant C, barring any special circumstance, Defendant C also and Defendant C jointly and severally with Defendant B.

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