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(영문) 광주지방법원 2019.04.04 2017나63107 (1)
정산금
Text

1. Paragraph 2 of the order of the first instance judgment, including a claim added by this court, is amended as follows.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant B”) was established for the purpose of the production, distribution, processing, and distribution of agricultural products, and was engaged in physical coloring the first floor of the third floor above the third floor above the ground level constructed on the land outside Gwangju-gu, Gwangju-gu, and four lots of land (hereinafter “instant building”).

B. On December 16, 2013, G Co., Ltd. (hereinafter “G”) established for the purpose of selling agricultural products, livestock products, etc., and restaurant business. On December 24, 2013, Defendant B and the first floor of the instant building, a lease agreement was concluded between Defendant B and Defendant B with the content of the lease deposit amounting to approximately KRW 300,000,000, monthly rent of KRW 17,400,000, and the lease term of KRW 17,400,000, from January 1, 2014 to March 31, 2016.

C. However, on December 24, 2013, G was drafted again in the form of a lease agreement under which Defendant B leases the instant restaurant under Defendant D’s name, and each of the instant stores under the name of Defendant D’s wife, in order to separately operate the K cafeteria at approximately 248 (hereinafter “instant restaurant”), and approximately 160 (hereinafter “instant store”).

Meanwhile, the Plaintiff deposited KRW 250,000,000 in total from December 7, 2013 to February 14, 2014, and KRW 150,000 on February 28, 2014, respectively, to C paid KRW 400,000 to Defendant D from December 12, 2013 to March 5, 2014.

E. Defendant D, while operating the instant store on May 29, 2014, lent approximately 35 square meters of the instant store (hereinafter “instant car page”) to I with the consent of Defendant B for the purpose of reducing rent costs for the instant store.

F. On January 31, 2015, the Plaintiff entered into an existing lease agreement in the name of H on the instant restaurant by Defendant B.

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