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(영문) 서울고등법원 2017.04.27 2016나2054177
임료
Text

1. Revocation of the first instance judgment.

2.(a)

The bankruptcy claim against the bankrupt B is KRW 107,072,547.

Reasons

1. Basic facts

A. On May 1, 2013, the Plaintiff and B Co., Ltd. (hereinafter “B”) concluded a lease agreement with the Plaintiff to lease the building snow (hereinafter “instant lease agreement”), and Defendant D jointly and severally guaranteed all the obligations, such as the rent and the cost of loss under the instant lease agreement.

With respect to the payment of rent, “The instant lease agreement shall be closed on the last day of each month and shall be paid in cash on the last day of the following month. The rent shall be paid in accordance with the transaction statement and tax invoice generated on the basis of the date of arrival at the construction site, and if the payment exceeds the payment date, the overdue charge shall be paid at the rate of 20% per annum from the excess to the date of full payment. If the construction is lost or lost, the sales unit of the detailed statement shall be compensated, and if the amount exceeds 15 days from the date of the settlement of the loss, the interest rate of 20% per annum from the excess

B. According to the instant lease agreement, the Plaintiff provided each temporary materials at the construction site of Chungcheongnam-gun, Chungcheongnam-gun, Hongsung-gun, the construction site of B from June 2013 to September 2014, from June 2013 to December 2013, F at the construction site of B from June 2013 to September 2013, from January 2014, from January 2014 to September 2014, and at the construction site of Suwon-si, Suwon-si, Suwon-si, Suwon-si (hereinafter referred to as “water field”), respectively.

C. On February 6, 2015, B notified the Plaintiff of the purport that “The obligation to pay the unpaid rent shall be KRW 107,072,547,00,000,000 for the settlement of the rent and the amount of the unpaid rent according to the instant lease agreement, and shall be paid on or after the end of April of the same year after the settlement of the cost on the spot between February and March 2015.”

(hereinafter “instant notice”). D.

After that, B was declared bankrupt on July 29, 2015 by Suwon District Court 2015Hahap33.

In the above bankruptcy procedure, the Plaintiff is a bankruptcy claim against the unpaid rent under the instant lease agreement.

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