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(영문) 서울서부지방법원 2016.01.28 2015가합823
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company with the purpose of interior and interior construction work business. 2) Defendant A Co., Ltd. (hereinafter “Defendant A”) is a sports facility, golf practice range, and feet operation, etc., the establishment of which was registered on September 1, 2014.

On September 1, 2014, the date of establishment of Defendant A, the representative of Defendant D, 223 through 233, and 304 through 309, the type of business was registered as sports goods, wholesale retail business, etc.

3) Defendant B Co., Ltd (hereinafter “Defendant B”)

B) The purpose of the real estate leasing business is the company that aims at the real estate leasing business. (b) Defendant B is the object of the instant lease between E and E for Defendant A to be newly established on May 9, 2014; (c) the two stories of the second floor among the Seo-gu Incheon Incheon F ground buildings owned by it; and (d) the total of 1,804 through 309 square meters of the third floor (hereinafter “instant leased object”).

(B) The purpose and type of business of Eul entered into a contract for lease (hereinafter referred to as the “instant lease contract”) with a fixed term of five years from the date of the designation of the tenant (hereinafter referred to as “the instant lease contract”). The lease deposit amount of KRW 100,000,000, monthly rent of KRW 16,000,000, monthly rent of KRW 16,000, and the term of lease was

(3) At the time of the conclusion of the foregoing contract, Defendant A had not been established, but at the end of the contract, entered “Co., Ltd. A” as “B” and signed and sealed E at the bottom of the contract. (c) On May 29, 2014, the Plaintiff entered into a contract with the I who represented G (Trade: H) on the leased object of the instant case with the I and the I, who entered into a contract with the Plaintiff to determine the construction period as “work period from May 30, 2014 to July 31, 2014 (including value-added tax)” with respect to the leased object of the instant case (hereinafter “instant contract”).

D. On August 25, 2014, the Plaintiff is a contractor with E, I, and E, and I as the contractor.

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