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(영문) 대전지방법원 2020.05.28 2019가단133568
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 200,000,00 and Defendant B from January 24, 2020 to Defendant C.

Reasons

1. Plaintiff’s claim against Defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208(3)3 and 194 of the Civil Procedure Act;

2. Plaintiff’s claim against Defendant C

A. 1) The Plaintiff and Defendant B, on June 13, 2018, are buildings D and F of Sejong Special Self-Governing City (hereinafter “instant buildings”).

A) As to the lease deposit, a lease agreement was concluded with a sum of KRW 100 million, monthly rent of KRW 11,00,000 (Additional Tax separately), from June 13, 2018 to June 12, 2023 regarding the term of lease (hereinafter “instant existing lease agreement”).

2) At the time of the conclusion of the existing lease agreement of this case, the Plaintiff and Defendant B supported Defendant B with KRW 200 million due to the interior facility costs, etc., but, if Defendant B suspended his business within the term of lease or transferred his business rights to a third party, Defendant B entered into a special agreement stipulating that the principal amount of KRW 200 million shall be fully compensated for the Plaintiff.

3) On March 19, 2019, Defendant C succeeded to the lessee status of the instant building from Defendant B. On the same day, the Plaintiff and Defendant C entered into a lease agreement under the same conditions as the instant existing lease agreement, except for the term of lease from March 19, 2019 to June 12, 2023, with the exception that the term of lease is set at between March 19, 2019 and June 12, 2023 (hereinafter

4) At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendants: (a) concluded a special agreement stating that “The Plaintiff’s funds of KRW 200 million are invested for the purpose of purchasing the interior interior interior interior interior interior interior interior interior interior interior facilities of the instant building; and (b) Defendant C did not pay monthly rent for more than three months; or (c) Defendant C did not pay monthly rent for more than three months; and (d) the Defendants paid compensation for KRW 200 million invested by the Plaintiff at the time of discontinuance of the business (hereinafter “instant special agreement”).

5 Defendant C operated a restaurant with delivery of the instant building in accordance with the instant lease agreement.

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