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(영문) 부산지방법원 2016.08.24 2016가합40784
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 17, 201, C, the Plaintiff’s birth, as the Plaintiff’s agent, entered into a lease agreement with the Defendant on the condition that the Plaintiff shall lease the Plaintiff’s ground building D (hereinafter “instant building”) with KRW 700 million, monthly rent, KRW 21.5 million, and the lease term from April 11, 201 to April 10, 201 (hereinafter “instant lease agreement”) and set up a real estate lease agreement with the following contents as the Plaintiff’s agent, and at that time, the Defendant received delivery of the instant building and operated the telecom.

Matters stipulated in the special agreement on the lease of real estate;

1. The loan amount of KRW 1.326 billion with the maximum debt amount of KRW 1.32 billion with the maximum debt amount of KRW 1.3 billion with the maximum debt amount of KRW 1.3 billion with the maximum debt amount of KRW 650 million with the maximum debt amount of KRW 6.5 billion with the actual loan of KRW 2.5 billion with the actual loan of KRW 2.5 billion.

2. A lessee shall be established in the second order following a bank;

4.The following second priority mortgage shall be created by banks and shall be guaranteed by the consent of the lessee G of the owner of the Felel located in Gangseo-gu E:

5.The lessee shall ensure the average net income (14 million won) after operating the telecom and deducting all monthly taxes and personnel expenses.

6.The interest on bank loans shall be paid directly by the lessee and the remainder of the monthly rent shall be paid to the lessor.

B. At the time of the conclusion of the instant lease agreement, as to the instant building and the instant site, the debtor was the Plaintiff, who was the Plaintiff, the maximum debt amount of 1.326 billion won in the name of the Busan Dental Credit Union, the maximum debt amount of 1.3 billion won in the name of the Busan Dental Credit Union, the maximum debt amount of 650 million won in the name of the Busan Dental Credit Union, and the maximum debt amount of 6.5 billion won in the name of the Busan Dental Credit Union. On April 12, 2011, the establishment registration of a mortgage was completed for the Plaintiff, the maximum debt amount of 70 million won in the name of the Defendant, the Plaintiff, and the maximum debt amount of 70 million won in the registration (the registration of the establishment of each ground right as above is revoked on April 27, 2012). Meanwhile, as to the instant building and the instant site.

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