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(영문) 수원지방법원 2018.06.28 2018구합61360
영업자지위승계신고수리처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 8, 2006, B entered into a lease agreement with a stock company (hereinafter “instant company”) on setting lease deposit amount of KRW 300 million, monthly rent of KRW 5 million (hereinafter “instant lease agreement”) and KRW 301 through 307,000,000,000, which is owned by the instant company.

B. On July 4, 2008, the instant company filed a lawsuit against B on the ground that B did not pay rent of KRW 50 million and monthly rent of KRW 50 million among the lease deposit (U.S. District Court 2008Gahap13619). In the conciliation procedure of the instant lawsuit, the conciliation between B and the instant company was established as follows (hereinafter “instant conciliation”).

1. B and the company of this case enter into a lease agreement with respect to the building of this case for seven years from November 16, 2009 to November 15, 2016.

2. Amount to be paid;

A. B shall be paid to the instant company KRW 300 million as the lease deposit for the instant building, on condition that KRW 100 million is paid until December 21, 2009, and the remainder KRW 200 million until December 21, 201.

C. B shall pay to the instant company the monthly rent (excluding value added tax), 1) from November 16, 2009 to November 15, 2011, KRW 10 million from November 16, 2011 to November 15, 201, KRW 15 million, and KRW 3 million from November 16, 2013 to November 15, 201, respectively.

4. Other matters.

A. If B delays the payment of the deposit, overdue management expenses, and overdue rent as described in Paragraph B(2), or delays the payment of the monthly rent for at least two years, the instant company may terminate the lease contract for the instant building through the highest procedure.

When the contract is terminated as above, B is all related to the building of this case.

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