logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.05.08 2019나55932
차임지급 청구 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. On July 23, 2015, D Co., Ltd. leased a deposit of KRW 300,000,000,000 for the first floor among buildings for the G-based neighborhood living facilities in Gangnam-gu Seoul, Gangnam-gu, Seoul, as well as KRW 25,00,000 for the tea month (excluding value-added tax), and the period from September 1, 2015 to August 31, 2020.

(hereinafter “instant lease agreement”). D, on September 8, 2015, under an agreement with the lessor, changed the lessee status to H (hereinafter “Nonindicted Company”) under the instant lease agreement.

B. On January 2016, the Plaintiff: (a) determined the deposit amount of KRW 70,00,000,000 for deposit money; (b) monthly rent of KRW 7,000,000 (excluding value-added tax); and (c) the period from January 10, 2016 to August 31, 2020 for the first floor of the said building (hereinafter referred to as “instant store”); (b) from the Nonparty Company’s company to August 31, 2020.

(hereinafter referred to as “instant sublease contract”) C.

On December 22, 2015, Defendant B set the instant store from the Plaintiff as KRW 11,00,000 (excluding value-added tax) monthly rent, and the period from January 1, 2016 to December 31, 2017.

(hereinafter referred to as “instant pre-loan contract.” At that time, Defendant C agreed to pay in lieu of the Plaintiff the rent, etc. that Defendant B owes to the Plaintiff pursuant to the instant pre-loan contract within five days from the date of arrears if the payment was delayed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, Eul evidence No. 10, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1 terminated on December 31, 2017, which is the expiration date of the instant pre-loan contract, and the Defendants did not pay the total of eight-month rents from May 2017 to December 2017 (including value-added tax) for eight-month rents.

② Nonparty Company notified Nonparty Company of the termination of the instant sub-lease agreement on the ground of the Plaintiff’s delinquency in rent.

However, the first floor of the above building including the store of this case from the lessor before that time.

arrow