(영문) 인천지방법원 2017.03.07 2015가단204808

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(영문) 인천지방법원 2017.03.07 2015가단204808

물품대금 등

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1. The Defendant’s KRW 22,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 26, 2015 to March 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of the golf appliance manufacturing business and wholesale and retail business. Nonparty B (hereinafter “Nonindicted Company”) is a company with the purpose of sports facilities, golf driving range, and feet operation, etc. (the date of establishment: September 1, 2014); and the Defendant is a company with the purpose of real estate lease and sales agency business.

B. On May 9, 2014, the Defendant: (a) concluded a lease agreement with C on the part of the non-party company (hereinafter “instant lease agreement”); (b) on the part of the non-party company that will be newly established on May 9, 2014, on the condition that the non-party company was not established at the time of entering into the said agreement, stating that the non-party company was not established as “non-party company” and “non-party company (hereinafter “non-party company”) at the end of the said agreement as “the purpose of use and type of business: insignia, golf, lease period: the date of the designation of the occupant and five years thereafter; (c) lease deposit: 10 million won; and (d) monthly rent: 16,000,000 won (excluding value-added tax); (d) the non-party company was entered as “non-party company” at the time of entering into the said agreement, but the term “the signature and seal of the non-party company” was entered into at the bottom.

C. On October 7, 2014, the Plaintiff entered into a contract for the supply of golf products (hereinafter “instant supply contract”) with the non-party company to pay the non-party company KRW 22,00,00 (excluding value-added tax, KRW 2,200,00,000, KRW 4,400 on October 20, 2014; KRW 15,400,000 to the non-party company; KRW 20,000 to the non-party company; and the non-party company completed the supply contract with the non-party company (hereinafter “instant supply contract”); however, the supply contract was completed by the non-party company, but only the non-party company was paid KRW 20,00,00 to the Plaintiff.

On the other hand, the non-party company is a lease deposit, management fee, and rent under the instant lease agreement to the defendant.

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