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(영문) 서울중앙지방법원 2015.10.07 2014가합33807
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants and D’s lease contract 1) Defendant C was changed from July 29, 2008 to May 25, 201.

hereinafter referred to as “foreign company”

) Buildings listed in the separate sheet and the attached list (hereinafter “instant building”).

() A lease contract with a lease term of 180,00,000, monthly rent of KRW 8,500,000, monthly rent of KRW 4,400,000 for an underground second-rise store from the contract date to September 30, 2010 (hereinafter “instant lease contract”).

(2) On August 25, 201, Defendant A and B entered into a lease agreement with Nonparty Company and the first floor store underground of the instant building for five years from October 1, 201, with a lease deposit of KRW 1,000,000, monthly rent of KRW 30,000, monthly rent of KRW 300,000, monthly management fee of KRW 9,000 (hereinafter “instant second lease agreement”).

3) Meanwhile, on the other hand, on July 5, 2013, the non-party company and the ASEAN Seoul corporation, a building management corporation, entered into a lease agreement with Defendant C to the end of September 10, 2013 on the ground that the rent, management fee, and late payment charge were unpaid to KRW 31,505,760 from April 201 to June 5, 2013, and the above notification reached Defendant C at around that time. The non-party company entered into a lease agreement with the end of KRW 100,00,000 for the stores of the underground floor among the buildings of this case, and KRW 15,00,000 for the rent, management fee, and late payment charge. The lease period was from the date of delivery to September 10, 2013.

5. The Defendants do not currently occupy the leased contract of this case and each of the instant leased contract of this case No. 1. 2.

B. In order to preserve the loan claims against the non-party company, the Plaintiff filed an application for a collection order with the Seoul Central District Court 2013Kadan34220, which designated the debtor as the non-party company and the third debtor as the Defendants, and 400,000 of the rent and management expenses under the second lease contract against the defendant A and B.

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