beta
Text
1. The Plaintiff:
A. The Seoul Central District Court regarding the buildings listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On December 27, 2006, the Plaintiff entered into a lease agreement with Defendant Doz Co., Ltd. (hereinafter “Defendant Doz”) on the 5th and the 6th floor of the building listed in the attached Table owned by the Plaintiff (hereinafter “instant building”), with the lease deposit amount of KRW 283,40,000, monthly rent of KRW 28,340,000 (excluding value-added tax; hereinafter the same shall apply), management expenses, KRW 7,840,00, monthly management expenses, and KRW 7,840,000, and one year from the date of occupancy of the lease term (hereinafter “instant lease agreement”), and the Defendant Doz paid the said lease deposit to the Plaintiff.
B. On April 5, 2007, the Plaintiff entered into a contract on December 27, 2006 with respect to the instant building on the ground of the contract signed by Defendant Doz on December 27, 2006. The Plaintiff completed the registration of the establishment of chonsegwon up to the five floors, six floors, and January 8, 2008 with respect to the instant building, with the deposit money of KRW 283,40,000,000, general office scope of the building.
(hereinafter referred to as “the instant chonsegwon”). C.
However, from January 2008, Defendant business began to delay rent and management expenses. Accordingly, the Plaintiff concluded a lease agreement with a third party, which is part of the object of the instant lease agreement, on April 1, 2008, by leasing the sixth floor of the instant building to a third party and succeeding to a half of the lease deposit. On April 1, 2008, the Plaintiff concluded a lease agreement with a non-party limited partnership company (hereinafter “non-party company”) on a one-year basis, setting the lease deposit for the whole sixth floor of the instant building as KRW 141,70,000, monthly rent, KRW 14,170,000, management expenses, KRW 3,920,00 per month, and KRW 1 year from the date of occupancy of the lease term.
In addition, on April 7, 2008, the Plaintiff agreed to succeed to the non-party company KRW 141,70,000, which is the part concerning the sixth floor of the instant building, among the lease deposit under the instant lease agreement, to the non-party company. The non-party company is one of half of the overdue rent, management fee, overdue interest, etc. by April 7, 2008.