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(영문) 대전지방법원서산지원 2015.05.22 2014가단51970
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,00,000 as well as 20% per annum from July 2, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On May 29, 2006, the Defendant entered into a lease agreement with C on the condition that the automobile maintenance factory, etc. on four lots of land, such as Seosan-si D, which was operated by the Defendant, is set forth as follows: (a) the deposit amount of KRW 250,000,000; (b) the monthly rent of KRW 10,000,000; and (c) the period from May 29, 2006 to May 28, 201.

Matters of special agreement

1. The defendant is operating.

It shall be calculated by including the total amount of outstanding parts generated as a security deposit, and it shall be refunded to C at the end of the contract later.

2. As specified in this Agreement, C bears the responsibility of KRW 12,864,940, which is the outstanding part, before May 27, 2006 (the outstanding amount against the Plaintiff is KRW 34,646,362) and pays KRW 12,864,940, which is the remainder of the Defendant, to C.

(hereinafter omitted)

B. After that, on April 17, 2008, the Defendant entered into a lease agreement with E, stipulating that the above maintenance factory, etc. operated by C is leased KRW 280,000,000, monthly rent 9,000,000, and the period from April 17, 2008 to April 17, 2013, and agreed as follows.

Article 3 【Payment and Refund of Deposit’s Deposit’s 280,000,000 won (including the amount including the outstanding amount of parts incurred in the operation of the Defendant) paid by C is succeeded to C on April 17, 2008 and substituted by the deposit for the use of the Defendant’s maintenance factory lease.

(b) The deposit shall not be appropriated for any default or delay damage, or any other damage inflicted on the Defendant, and shall be refunded to E after settlement at the time of termination of this contract.

Matters of special agreement

1. The defendant is operating at an early stage.

The total amount of the outstanding amount of the parts generated (total 109,020,700 won, among which the outstanding amount for the plaintiff is 34,646,362 won) shall be calculated by including it as a security deposit, and it shall be refunded to E at the end of the contract later than the end of the contract.

C. The defendant, on May 7, 2008, is in E with the outstanding amount of KRW 34,000,000 that occurred from 2004 to April 2006.

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