(영문) 서울고등법원 2015.03.20 2013나60670

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(영문) 서울고등법원 2015.03.20 2013나60670

사해행위취소 등

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On September 6, 2010, the Plaintiff is the Plaintiff: (a) annual 24% of the amount of KRW 265,00,000, KRW 335,100 on July 6, 2010, KRW 265,000 on July 12, 2010, KRW 365,335,100 on July 13, 2010, KRW 270,689,000 on May 13, 2010, KRW 36 months on the date of the lease agreement and KRW 270,689,00 on May 13, 200, KRW 108,275, KRW 200 annually; and (b) Nonparty 265,270,000 on September 13, 2010, Nonparty 36, 208, Nonparty 208, Nonparty 36, 2008.

(B) As indicated below, each lease agreement between the two parties (hereinafter collectively referred to as “the lease agreement”) is deemed to be each of the instant lease agreements.

2) The main contents of each of the instant lease agreements are as follows.

Article 6 (Lease Deposit) (3) When a non-party company falls under any of the subparagraphs of Article 22, the Plaintiff may appropriate the lease deposit for all or part of the current and future monetary liabilities to the Plaintiff of the non-party company.

Article 20 [Destruction or Damage to Articles] (2) If an article is damaged, the non-party company shall, without delay, repair it in full or exchange it with the same kind of article with the same performance as the article. In this case, this contract shall continue to exist without any change.

Provided, That where it is impossible to repair or exchange, the plaintiff may pay the damages under Article 24 to the non-party company and request the termination of the contract.

Article 22 [Loss of Maturity and Cancellation of Contract] (2) When a cause falling under any of the following subparagraphs occurs to the non-party company, the plaintiff shall notify the non-party company of the correction of the violation for a fixed period of not less than 14 days, and when the non-party company fails to comply with it within such period, the plaintiff may immediately request the repayment of the remaining obligation by losing the benefit of time,

3. Lease fees, etc. prescribed in the contract.

유사 판례

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