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(영문) 서울중앙지방법원 2016.08.19 2015가단101182
양수금
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 May 20, 201, the Defendant entered into a lease agreement with the head of Gangnam-gu Seoul Metropolitan Government on May 20, 201, stating that deposit KRW 121.60 square meters (hereinafter “instant building”) on the first floor among the instant entire buildings (hereinafter “the instant entire building”) shall be KRW 5 million, KRW 4 million per month, and KRW 4 million per month, namely, the tea (prepaid payment on July 25, 201), and the term of existence shall be determined from July 25, 201 to July 24, 2013 (hereinafter “the first lease agreement”).

B entered "D (E)" in the tenant column of the first lease contract, and affixed a seal on the name of D.

B. On August 16, 2011, the Defendant concluded a lease contract with the content that “B and the Defendant shall lease the two-story of 85.53 square meters of the entire building of this case, deposit money of 3 million won, and the term of existence from July 25, 201 to July 24, 2013.” The Defendant agreed that “B and the Defendant shall enter into a contract with the first lease contract, but shall be divided by the floor at the request of the lessee, and all responsibilities related to the first lease shall be jointly and severally liable for all matters related to the first floor of the entire building of this case.”

C. Meanwhile, B established E Co., Ltd. (hereinafter “Nonindicted Company”) and completed the registration of incorporation on August 26, 201.

D was the first representative director of the above company, but he resigned on August 14, 2014, and B was appointed as the representative director on the same day.

B A request for the renewal of the first lease agreement was made on July 2013, the Defendant and B entered into a contract to change the lease term from July 25, 2013 to July 24, 2015 with respect to the instant building (hereinafter “the second lease agreement”). The lease deposit was KRW 5 million, and the monthly rent was KRW 2.75 million (hereinafter “the second lease agreement”).

Defendant and B, in lieu of preparing a new contract, are "1. extension of the term of lease to July 24, 2015" as special terms on the first lease agreement instead of preparing a new contract.

2. Deposit shall be ten million won, and monthly rent.

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