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(영문) 서울중앙지방법원 2016.12.23 2015가합545888
사해행위취소
Text

1. On June 30, 2014, the claims indicated in the separate sheet between the defendant and the non-party corporation B were concluded.

Reasons

1. Basic facts

A. On November 29, 2007, the Plaintiff is a company that constructed and donated buildings for popular music and musical performance halls (hereinafter “instant buildings”) to be used in the above business as a project implementer for popular music and musical performance hall projects implemented by the Seoul Metropolitan Government on November 29, 2007, and is delegated with the authority to manage and operate the above buildings by the Seoul Metropolitan Government.

B. On September 1, 2012, the Plaintiff: (a) concluded to Nonparty B (hereinafter “B”) on September 1, 2012, with respect to the fourth floor and rooftop portion of the instant building, the lease deposit is KRW 500 million from September 1, 2012 to November 3, 2021; (b) the lease deposit is KRW 150 million from the monthly sales generated from the said lease; and (c) the minimum guarantee amount is KRW 101,883,00 per month (excluding value-added tax); and (d) Nonparty CRara Day Co., Ltd. (hereinafter “CD”) agreed to pay the Plaintiff the amount of money jointly and severally to the Plaintiff when the said minimum guarantee amount is less than the monthly payment of the instant building.

C. On December 27, 2012, the Plaintiff sent to B an official document containing the following: “The Plaintiff did not pay rent more than twice a month, and did not pay the lease deposit, and thus the instant lease contract is terminated” (the above official document reached B around that time) and filed a lawsuit claiming return of unjust enrichment, etc. (this Court 2013Gahap14670) against B and C, etc.

On July 1, 2013, when the first instance trial of the instant lawsuit was in progress, the Plaintiff, B, and Cra agreed to partially modify the terms and conditions of the instant lease agreement (hereinafter “instant agreement”). The relevant issues of the instant agreement are ① the difference of the instant lease agreement from July 1, 2013 to June 30, 2015, 16% of the monthly sales (excluding value-added tax). The minimum amount of guarantee (excluding value-added tax) shall be KRW 60 million, and the lease deposit shall be KRW 600 million.

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