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(영문) 서울동부지방법원 2021.01.15 2019나1338
임대차보증금
Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or can be acknowledged based on Gap evidence Nos. 1, 3-9, 27-29, and witness D’s testimony. The whole purport of the arguments is to be taken into account.

A. On December 4, 2015, E, the land of D, entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 3 million, monthly rent, and December 11, 2015 to lease a factory building located in the Kimhae-si (road name G) factory site of KRW 1,359 square meters, H field of KRW 750 square meters (hereinafter “instant building”), between the Defendant and the Defendant, with KRW 3 million,00,000,000 from December 11, 2015 to December 11, 2017, and thereafter, the lease agreement was concluded between the Defendant and the Defendant (hereinafter “the instant lease deposit”).

B. Since then, around December 2015, E and the Defendant changed the name of a lessee under the above lease agreement to the Plaintiff, and concluded a lease agreement between the Plaintiff and the Defendant with the term of lease from December 11, 2015 to December 10, 2017. The remainder of the terms of lease was the same as that of the previous lease agreement (hereinafter “instant lease agreement”).

(c)

The Plaintiff is a company established on April 18, 2002 from the Minister of Unification as a prospective social company in preparation for unification on October 1, 2015, and the North Korean Residents Support Foundation designated as a prospective social company on October 1, 2015 is a business that supports the cost of business development, etc. to companies that provide jobs, etc. to North Korean defectors pursuant to Article 8 of the Social Business Promotion Act and Article 9 of the

The trade name at the time of the instant lease agreement was “B,” but was changed to “A,” around November 9, 2018.

(d)

On March 21, 2016, B Kim Sea Branch Co., Ltd. (hereinafter “the representative director I”) whose main office is the Plaintiff on the business registration certificate was established by taking the location of the instant building into account the location of the place of business. Around June 1, 2017, J Co., Ltd. (hereinafter “Non-Party Co., Ltd”) also established by taking the location of the instant building into account the location of the place of business.

E. Nonparty Company raises objection with the Defendant on December 10, 2017.

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