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(영문) 대전지방법원서산지원 2016.07.15 2015가단53010
임대료 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts: ① Between February 2010 and D, the Plaintiff: (a) concluded a sublease contract with the effect that the Plaintiff leased and resided in Seosan-si E Apartment 708 (hereinafter “instant apartment”); (b) concluded a sublease contract with D to impose monthly rent and public charges of the instant apartment; (c) delivered the instant apartment to D; (d) KRW 20,256,280 in total, including monthly rent from March 2010 to September 2013, and KRW 20,256,280 in total (=monthly 12,350,000 + management expenses + KRW 2,68,100 + gas charges + KRW 3,586,160 + Electricity charges 1,632,020; and (e) filed an application with the Daejeon District Court for payment against the Plaintiff on April 15, 2015.

② On May 20, 2015, the court rendered a judgment dismissing the Plaintiff’s claim on the ground that D filed an objection against the payment order issued upon the Plaintiff’s request, and that “No evidence exists to acknowledge that D is the lessee of the instant apartment, and the fact that the Plaintiff entered into a sub-lease contract with B is recognized.”

③ On March 14, 2016, the lower court rendered a decision to recommend reconciliation that “D shall pay KRW 7,906,280 to the Plaintiff,” and the said decision to recommend reconciliation became final and conclusive around that time.”

④ On July 24, 2015, after the judgment of the first instance court was rendered, the Plaintiff filed the instant lawsuit seeking payment of monthly rent, etc. against Company B, and Company B was merged with the Defendant Company on November 6, 2015 (the trade name at the time was F, but was changed to November 24, 2015).

[Reasons for Recognition] Inasmuch as there are significant facts, Gap evidence 1 through 3, Eul evidence 2, and the purport of the whole pleadings.

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