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Reasons
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(영문) 서울남부지방법원 2019.07.09 2019가단203471
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 3, 2017, D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a lease agreement with E (hereinafter “E”) to lease the first floor located in the Guri-si with KRW 100 million, monthly rent of KRW 40,000,000, and the lease period from December 20, 2017 to December 19, 2019, and began to operate a restaurant with the trade name of G (hereinafter “instant lease agreement”).

(hereinafter “instant business”). (b)

On December 22, 2017, the Plaintiff leased KRW 100 million to Nonparty Company on condition that the Plaintiff exclusively supplies alcoholic beverages to Nonparty Company. In the event of breach of an agreement, Nonparty Company paid 20% of the total amount of loans 100 million to the Plaintiff and the Plaintiff’s claim for liquor payments to Nonparty Company as penalty.

C. From September 2018, Nonparty Company did not pay rent to E, and decided to terminate the instant lease agreement with E on November 23, 2018, and applied for offsetting KRW 126,123,290,00, including the overdue rent of KRW 113,50,00 and the water rate of KRW 123,290,00, by offsetting the rental deposit of KRW 126,123,290. The remainder of KRW 26,123,290 shall be offset by the rental deposit of KRW 126,123,290. On the other hand, Nonparty Company provided cooperation in reporting the status of Nonparty Company as a business operator of the said restaurant to E and decided to report the closure of business registration of Nonparty Company.

On the same day, the Defendant entered into a lease agreement with E and the lease deposit of KRW 100 million, monthly rent of KRW 40,000, and the lease period from November 23, 2018 to December 30, 2019, and began to operate the restaurant in the name of G.

E. On January 5, 2019, E concluded a lease agreement with H to lease deposit of KRW 1.5 million, monthly rent of KRW 4.6 million, and the lease period from January 8, 2019 to December 31, 2019, and H to operate a restaurant in the trade name of G.

F. From January 25, 2018 to December 5, 2018, the Plaintiff is from January 25, 2018.

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