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(영문) 서울동부지방법원 2015.11.24 2014가단55414
임료 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) On April 30, 2012, between the Defendant and the Defendant, part of the second floor of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(2) Although the Defendant occupied the instant real estate under the said lease agreement and operated a mutually cafeteria (hereinafter “C cafeteria”), the Plaintiff did not fully pay the monthly rent of KRW 2 million from April 30, 201 to July 30, 2013 to KRW 200,000 and KRW 15 months from July 30, 2013.

3) Therefore, the Defendant, as a lessee or a person who actually operates the instant restaurant, is obligated to pay the Plaintiff the monthly rent of KRW 30 million for the said 15-month period. Also, according to the Defendant’s assertion, the Defendant leased D the name of the business operator so that D can operate the instant restaurant under the Defendant’s name, and thus, the Defendant is obligated to pay the Plaintiff the monthly rent of KRW 30 million for the said 15-month period, as the nominal lender’s liability under Article 24 of the Commercial Act.

B. Defendant’s assertion 1) The real estate listed in the separate sheet was left abandoned for a long period of time. Around March 2012, the Plaintiff requested D to manage the real estate listed in the separate sheet as a person entitled to a provisional registration on the real estate listed in the separate sheet. D proposed that D manage the real estate listed in the separate sheet, but it would be a restaurant of this case in the instant real estate instead of receiving management fees, and the Plaintiff accepted it. 2) D was unable to operate the instant restaurant under its name due to debt relations, and completed business registration for the instant restaurant under its name, and operated the instant restaurant from the instant real estate.

3. However, business registration is made.

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