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(영문) 서울서부지방법원 2014.09.04 2013가단31611
차임 등
Text

1. The Defendant’s KRW 14,419,100 as well as 5% per annum from September 6, 2013 to September 4, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 22, 2010, the Plaintiff, who runs a restaurant business, entered into a lease agreement with the Defendant on a monthly rent of 4.65 million won and lease of 1485 square meters in a ship connected each point (hereinafter “instant lease agreement”) without a lease deposit (hereinafter “instant lease agreement”) with the Defendant, who runs a restaurant business and the Plaintiff, on the one-story 220.84 square meters of the first floor of the 4th floor of the 4th floor of the Seoul Eunpyeong-gu reinforced concrete C&D neighborhood living facilities (the office of the massage place) in Eunpyeong-gu Seoul Metropolitan Government, with the Defendant, and the instant lease agreement was implicitly renewed after the termination of the lease agreement.

B. At the time of entering into the instant lease agreement, the Plaintiff and the Defendant prepared a lease agreement of KRW 30 million, monthly rent of KRW 1.7 million for the purpose of submitting the lease deposit to the tax office.

C. After the conclusion of the instant lease agreement, the instant store was used as the restaurant called “D,” while the nominal owner on the business registration certificate of the said “D” is the Defendant, the Defendant’s speech E pays the monthly rent to the Plaintiff, and the person who operates the restaurant, such as directly operating the business, was E.

Around October 5, 2012, the Plaintiff terminated the instant lease agreement in cases where: (a) the Defendant did not resolve that the Plaintiff was in arrears by October 12, 2012, to the Defendant, for a total of KRW 1,395,000,00,000,00 to the Defendant.

E. Upon the Defendant’s permission, E issued to the Plaintiff on October 26, 2012 a written statement of payment that “as of October 29, 2012, the Plaintiff would pay KRW 18,309,593 in total, including value-added tax and management expenses, to the Plaintiff by December 26, 2012.”

F. In addition, on November 2, 2012, E agreed to pay the Plaintiff the said KRW 18,309,593 to the Plaintiff by December 26, 2012, and deliver the instant store by December 31, 2012.

(g)F;

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