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(영문) 서울중앙지방법원 2017.10.11 2017가합531609
기타(금전)
Text

1. The defendant shall be the plaintiff.

A. From May 16, 2017, KRW 123,986,693 and KRW 122,100,00 among them shall be repaid.

Reasons

1. Basic facts

A. The parties’ related SM leased a building located in 728-4, Songcheon-si, Songcheon-si, the Defendant and sub-leaseed the two floors of the building located in 593-9, Dobong-gu, Seoul (hereinafter “ Changdong 2”) to the Defendant. The Plaintiff is a company that merged EM with the Defendant.

(hereinafter collectively referred to as “Plaintiffs”). The Defendant is the lessee of the Song-dong, Chang-dong, the lessee of the Song-dong.

B. On March 5, 2016, the Plaintiff entered into a lease agreement and a sub-lease agreement with the Defendant with respect to the right of preference points (i) from April 5, 2016 to April 30, 202, (ii) lease deposit amounting to KRW 130,00,000, ③ monthly renting KRW 18,00,000, and (iii) annual overdue interest rate of KRW 12% per annum (hereinafter referred to as “depaid lease agreement”).

(2) On April 1, 2016, the Plaintiff entered into a sub-lease contract with the Defendant to set forth a sub-lease contract with the first head of 2,00 won (excluding value-added tax) with respect to the second head of 2,00,000 for the period from April 21, 2016 to April 30, 2020 for the sub-lease (1,00,000 for the sub-lease deposit (19,000 for the monthly sub-lease deposit), but the monthly sublease rate of 21,00,000 for the period from May 1, 2018 to 12% per annum.

(C) From October 2016, the Defendant did not pay the Plaintiff a monthly rent according to a sub-lease agreement and sub-lease agreement with the starting point 2.

2) The Plaintiff filed a lawsuit against the Defendant claiming payment of the unpaid rent from October 2016 to January 6, 2017 under the Seoul Central District Court 2017Da5028972, a sub-lease lease and sub-lease 2, and the said court rendered a judgment accepting the Plaintiff’s claim on April 6, 2017, and the said judgment became final and conclusive (hereinafter the said judgment).

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