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(영문) 서울중앙지방법원 2017.01.19 2015가단5228044
차임 등
Text

1. The Defendants jointly share KRW 69,740,00 with respect to the Plaintiff, and the period from October 17, 2015 to November 14, 2016.

Reasons

1. Basic facts

A. The Plaintiff entered into a lease agreement with the Defendants as to the 2nd floor room of the Seocho-gu Seoul Metropolitan Government DD Building and the dong room (hereinafter “instant lease agreement”). The details and progress of the agreement are as follows.

On or before December 1, 2005, the monthly rent of KRW 1,000,000 (payment on July 31) for the management expenses of KRW 1,000,000 for the monthly management expenses of KRW 1,000,000 ( KRW 5,000 for the average of KRW 5,000) for the period of 1,00,000 on or around April 12, 2015, the date of conclusion of the contract for the heading room located in the Dong-dong room; and the agreement is concluded on or around June 1, 2006, which was concluded around April 12, 2015.

B. The Plaintiff received a total of KRW 59,300,000 from the Defendants’ payment of the rent for the 59,300,000 won for the west door room and the east door room, and the Plaintiff received a separate payment from July 18, 2003 to March 31, 2005 for the west door room.

[Ground of recognition] Facts without dispute, Gap 1, 3, 11 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. As to the parties to the instant lease agreement, the Defendants merely permitted Defendant C to use the architect qualification certificate, and therefore, they asserted that Defendant C is not the party to the instant lease agreement, but only Defendant C is the party to the contract, but Defendant B clearly stated the lease agreement (see evidence 1) on the side bank bank room as the lessee, and Defendant B completed the report on the certified architect’s business (see evidence 3) with the representative of Seoul Seocho-gu Office E’s office with the location of the side bank bank (see evidence 1). Defendant C is not indicated as the lessee under the instant lease agreement, but actually used the family bank room and the same side as the tenant, while it is not specified as the lessee under the instant lease agreement, Defendant C actually used the family bank room and the same side as the actual tenant with Defendant B, and prepared each letter (see evidence 1 to 7 of evidence 4) to pay the Plaintiff a vehicle that is sealed on several occasions. The Defendants against the Plaintiff.

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