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(영문) 의정부지방법원 2018.06.20 2017나212720
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On January 14, 2015, the Plaintiff entered into a lease agreement (hereinafter “the instant first lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 410,000, and the lease term from February 13, 2015 to February 12, 2017, and the Plaintiff paid the said lease deposit to the Defendant around that time.

B. The above lease agreement contains the following special terms and conditions.

Special agreement: A lessee shall separately pay rent for a building in the current state of a facility and an additional tax to the lessor.

The taxes and public imposts on buildings and electricity, water supply, etc. until the date of moving into the real estate shall be settled on the balance date.

The lessee shall cooperate with the tenant for access to agricultural machinery at the time of the farming time.

A contract may be terminated at the time of delinquency in payment of rent.

In addition, machinery facilities and equipment can be disposed of.

Other matters shall correspond to the real estate-related Acts.

C. On December 12, 2015, at the Plaintiff’s request, the Defendant entered into a lease agreement with F Co., Ltd. (hereinafter “F”) with respect to the instant real estate at the time when E, who is his/her father, was the representative director, to which KRW 30,00,000, monthly rent of KRW 4,100,00, and the lease term was set from February 13, 2015 to February 12, 2017 (hereinafter “the instant secondary lease agreement”). The following special agreement was added at the time of entering into the said lease agreement, and F succeeded to the lease deposit paid by the Plaintiff:

Special Agreement: F is responsible for E and the Plaintiff for the payment of rent to the lessor’s Defendant (including factory facilities and damaged parts).

is a contract in the present state of the facility.

F The monthly rent was overdue from April 13, 2016.

Accordingly, on May 5, 2016, the Plaintiff and F, at the request of F, are new lessees.

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