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(영문) 서울남부지방법원 2016.11.30 2015가단225893
임대료 등 청구의 소
Text

1. The Defendant’s KRW 4 million and the Plaintiff’s 6% per annum from August 19, 2015 to November 30, 2016.

Reasons

I. Progress of the case

1. 2015. 1. 8.자로 대구지방법원에서 회생개시결정을 받은 주식회사 A(이하 ‘A’이라 칭한다)은 충북 괴산군 B 외 1필지 지상의 철골공장(이하 ‘이 사건 공장’이라 칭한다) 및 그 안에 설치된 겐츄리크레인 외 22종 기계의 소유자이다

[The purport of the entirety of the arguments and arguments] 10, 12. 2. The defendant (the trade name before the change: the head of the Sejong General Construction Design Co., Ltd.) leased the factory of this case (including the above types of machines installed; hereinafter the same shall apply) from A; 2. The plaintiff leased the H-Bam drying machinery, etc. to the factory of this case; 3. The plaintiff set up a plan to sublet all of the factories and machinery to C Co., Ltd. (hereinafter referred to as “C”) and carried out the daily treatment as follows:

(A) On March 3, 2015, the Defendant drafted a “Agreement on Possessory Right, Lien, and Removal” with the Plaintiff and the Plaintiff on March 6, 2015.

(hereinafter referred to as “instant agreement”). The main contents of the agreement are as shown in the attached list.

(‘A’, “A” and “A” refer to the Plaintiff; “the following items and quantity machinery items” in the main text refer to the items of machinery leased by the Defendant from the Plaintiff as follows / [A-1] 4. The Defendant followed up on March 10, 2015, and entered into a lease agreement with the Defendant by setting the monthly rent of KRW 11 million (including additional dues) for the machines indicated below the Plaintiff and the Plaintiff’s (hereinafter “instant machinery”) from March 10, 2015 to July 15, 2015.

[5] On March 9, 2015, the Plaintiff completed the installation of the instant machinery in the instant factory from March 9, 2015 to March 19, 2015 (hereinafter “instant machinery lease agreement”) and extended the lease term on the same day to “from September 30, 2015,” and the Defendant purchased the instant machinery and equipment as “50 million won.”

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