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(영문) 서울중앙지방법원 2015.11.27 2015가단95065
손해배상(기)
Text

1. The Defendant’s KRW 12,804,367 as well as the Plaintiff’s KRW 6% per annum from October 9, 2015 to November 27, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the five-story building located in Seocho-gu Seoul Metropolitan Government, and the Defendant is a corporation D (hereinafter “D”) with the purpose of wholesale and retail business of agricultural and fishery products.

(2) The Plaintiff is a representative director of March 6, 2014 and D.

Of the buildings listed in paragraph 201 (hereinafter “instant 201”), the rental deposit of KRW 15 million and KRW 1.4 million in monthly rent of KRW 1.4 million shall be paid on the 20th of each month, and value-added tax shall be paid separately, and the lease period shall be from March 20, 2014 to March 19, 2015; and when the lessee’s overdue overdue rent falls into the amount of rent of two months, the lessor entered into a lease agreement (hereinafter “instant lease agreement”).

3) According to the instant lease agreement, the Plaintiff handed over the instant 201 units to D and received KRW 15 million from D. B. However, the Plaintiff did not pay the Plaintiff a rent under the instant lease agreement at all thereafter. On October 15, 2014, the Plaintiff notified the Plaintiff that the instant lease agreement will be terminated if the Plaintiff notified the Plaintiff of the payment of the rent in arrears and the refusal thereof.

2) Meanwhile, the Defendant transferred the location of the headquarters on September 2, 2014 after taking over Co., Ltd. (hereinafter “F”) to the instant 201, and the trade name on October 6, 2014 to the F Co., Ltd. (hereinafter “F”).

(3) On November 19, 2014, the Plaintiff, on the same day, proposed that the location of the F’s headquarters on the F’s registry was transferred to the instant 201 without the Plaintiff’s consent, and notified the Defendant on November 19, 201, of the fact that D was not paid at all, but at least two times due to the Plaintiff’s failure to pay the difference, and that the Defendant expressed his intent to terminate the instant lease agreement and immediately deliver the instant 201.

C. The defendant's refusal to surrender 201 of this case and the defendant's refusal.

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