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(영문) 서울동부지방법원 2016.12.02 2016가단115396
양수금
Text

1. The Defendant’s KRW 2,385,753 as well as the Plaintiff’s annual rate of KRW 5% from October 10, 2015 to December 2, 2016.

Reasons

Facts of recognition

On February 8, 2002, Plaintiff Intervenor B (hereinafter “B”) completed registration of initial ownership in relation to Class 2 neighborhood living facilities (hereinafter “instant building”) of Class D and E-ground steel structure in the 4th floor of the Plaintiff’s Supplementary Shelf (hereinafter “instant building”).

B With the Defendant on February 17, 2012, B entered into a lease agreement between B and the Defendant, setting the instant building as the lease deposit amount of KRW 100 million, monthly rent of KRW 10 million (value added tax shall be borne separately by the Defendant), and from February 17, 2012 to February 17, 2014, and thereafter handed over the instant building at around that time.

In the instant building, the Defendant operated a so-called “F” firm with the trade name.

In arrears with the Defendant’s monthly rent, B filed a lawsuit against the Defendant for requesting the delivery of a building as the Suwon District Court Ansan Branch 2014da10951. On August 28, 2014 in the instant case, the Defendant paid KRW 37 million to B (paragraph 1). ② The Defendant delivers the instant building to B by August 31, 2016, and pays KRW 9 million (paragraph 2) from September 20, 2014 to the date the delivery of the instant building is completed (Article 2). ③ With respect to the instant building lease agreement, the claims and obligations owed B and the Defendant against B and the other party are confirmed as not having existed in addition to those stipulated in the instant protocol (paragraph 5) (hereinafter referred to as “instant voluntary adjustment,” and the instant protocol was established only as the “instant adjustment”).

On May 4, 2015, the Defendant transferred to the Plaintiff (However, under the above transfer agreement, the transferee’s name was changed to the Plaintiff’s father’s husband’s drainage) the wurl business (F) operated by the Defendant in the building of this case, and removed the building of this case on May 8, 2015.

The Plaintiff between September 25, 2015 and B, and between KRW 100 million, term of lease, and September 21, 2015 to September 20, 2016.

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