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(영문) 광주지방법원 2014.05.23 2013가합8610
약정금
Text

1. The Plaintiff:

A. Defendant C is KRW 120,000,000 and 5% per annum from August 21, 2013 to January 21, 2014.

Reasons

1. Basic facts

A. On February 5, 2009, the Plaintiff entered into a lease agreement with a limited liability company D, the representative director of which was Defendant C, and 330 square meters among the 1st floor of Gwangju Northern-gu E and F-ground buildings (hereinafter “the instant building”), with the lease deposit of KRW 40,000,000, monthly rent of KRW 1,980,000, monthly rent of KRW 1,980,000, and the lease term of KRW 60 months from February 5, 2009.

B. Around July 2009, a limited liability company D agreed to return KRW 300 million to the Plaintiff under the name of the facility fee, etc. of the instant building if the Plaintiff, a lessee, due to the lessor’s circumstances.

C. Although the instant building was owned by Limited Company D, as a result of the auction procedure that had been conducted with the decision to voluntarily commence the auction on the instant building to Gwangju District Court G, H Co., Ltd. (H was a stock company on September 25, 2013, and the registration of change of the registered titleholder indication as Defendant B was completed on October 11, 2013 due to the change of trade name as to the instant building. The registration of change of the registered titleholder indication as to the instant building was completed on February 16, 2011 by Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by winning the instant land on February 16, 201 and completing the registration of transfer of ownership as the receipt of the Gwangju District Court under Article 246222.

On April 12, 2011, the Gwangju District Court prepared a distribution schedule that distributes 9,00,000 won to the Plaintiff as a small lessee of small amount, and 9,000,000 won to the Plaintiff’s mother I (J branch). The Plaintiff and I received KRW 18,00,000 in total of the above dividends.

E. On April 13, 201, upon introduction by Defendant C, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant building with the Defendant Company as the lease deposit of KRW 40,000,000, monthly rent of KRW 1,100,000, and the lease term of KRW 1,100,000, from April 13, 201 to April 12, 2013 (24 months). The said lease deposit is to substitute for the payment of the lease deposit which was not returned from the limited liability company D.

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