(영문) 서울남부지방법원 2016.09.08 2015가단227356

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(영문) 서울남부지방법원 2016.09.08 2015가단227356

기타(금전)

Text

1. The plaintiff

A. Defendant B: (a) 20% per annum from August 22, 2015 to September 30, 2015 with respect to 33,922,580 won and the above amount.

Reasons

1. Facts of recognition;

A. On March 8, 2011, the Plaintiff agreed to lease 1001 of the 10th floor of the 10th floor of the building located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant 1001”). Defendant B occupied and used part of the instant 1001, and Defendant B operated the G Care Center while occupying and using some of the remainder of the instant 1001.

(1) Defendant B shall lease part of the instant No. 1001 of the monthly rent of KRW 40 million (Provided, That the written contract shall state the deposit as KRW 30 million) and KRW 4 million.

(2) Defendant C shall lease part of the remainder of the instant No. 1001 in the monthly rent of KRW 20 million and KRW 2 million.

B. The Defendants paid to the Plaintiff deposit amounting to KRW 60 million.

C. The Defendants did not pay to the Plaintiff the monthly rent from August 2013.

On May 31, 2014, the sum of the unpaid rents by the Defendants reached an amount of deposit. While the Plaintiff urged the Defendants to pay the rent, the Defendants agreed on June 18, 2014 that “Defendant B shall pay the Plaintiff the monthly rent of KRW 4.4 million, and Defendant C shall pay the monthly rent of KRW 2.2 million.”

hereinafter referred to as "Agreement on June 18, 2014" is referred to as "Agreement".

E) As to the instant 101, the auction procedure was conducted, and the bid price was paid in full by Defendant B, Nonparty H, and I, and the Plaintiff lost ownership under the instant 1001, and each of the lease agreements with the Defendants was concluded on January 22, 2015. [Grounds for recognition] There was no dispute over the dispute, and each of the entries in the evidence A1 through 6 (if any number is available, the entire purport of the pleadings including the number of numbers)

2. Determination on the cause of the claim

A. According to the facts of the recognition of the claim for the unpaid rent against Defendant B, Defendant B shall be the Plaintiff, and the lease contract shall be concluded from the date following May 31, 2014, where the deposit is fully extinguished due to the deduction of the unpaid rent of KRW 40 million from the deposit.

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