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(영문) 서울중앙지방법원 2018.12.14 2017가합573009
공탁금 출급청구권 확인
Text

1. Between the Plaintiff and Defendant C, Co., Ltd., Ltd., in February 22, 2017, the Seoul Central District Court was golded in February 22, 2017.

Reasons

The grounds of the claim against Defendant C (hereinafter referred to as “Defendant C”) are stated in the attached Form of the grounds of the claim as to the above Defendant C.

Defendant C, on July 30, 2013, leased 1,770.74 square meters from D to September 16, 2013, lease deposit deposit amounting to 2.5 billion won and KRW 100 million from September 15, 2016 from September 16, 2013, and operated entertainment tavern at the same place.

In June 2016, the Plaintiff agreed with Defendant C to lend KRW 1.5 billion to Defendant C, and agreed with Defendant C to add the Plaintiff to the lessee under the above lease agreement as a way to secure the payment of the above loan claim.

Accordingly, on June 19, 2014, the Plaintiff, Defendant C, and Nonparty D changed part of the lease agreement by adding the Plaintiff to the lessee under the above lease agreement. The part related to the issue of the instant case in the modified contract is as follows.

(hereinafter referred to as the "Lease Agreement" refers to the same modification. 【Leaser】 D / [Lessee] Defendant C, Plaintiff C, and 14 (Prohibition of Assignment of Rights and Sub-lease)

1.The lessee may not assign or sublease any rights and obligations under this lease to a third party and may not assign or sublet any claims under this contract as security.

2. The lessee shall not sublease all or part of the leased object to a third party, and the lessee shall not change his first business registration name to a joint business proprietor without transferring it to a third party; and

Provided, That the foregoing shall not apply where the lessor consents thereto.

3. If a lessee violates the preceding paragraph, the lessor may unilaterally terminate the present contract, and the lessee may not raise an objection.

Article 31 (Matters under Special Agreement)

5. The lessor shall notify the lessee of a peremptory notice, etc., and this Agreement;

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