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(영문) 서울북부지방법원 2019.05.14 2018나35774
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. The following facts are either in dispute between the parties or in accordance with Gap evidence 1-1, 2, 2-1, 2-2, 3, and 7, or in full view of the purport of the whole pleadings. A

The plaintiff is a company running computer education and training business, and the defendant is a company running a building facility management service business, etc.

B. On April 4, 2014, the Plaintiff entered into a lease agreement with the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City C building (hereinafter “instant C building”) with a lease guarantee of KRW 60 million, monthly rent of KRW 5050,000,000 from March 1, 2014 to February 28, 2016, including an administrative fine of KRW 10,000,000 from March 1, 2014 to February 28, 2016.

C. On May 14, 2015, E donated the instant C building D units to F, and on June 18, 2015, the Plaintiff entered into a real estate lease agreement with F to succeed to the said lease agreement entered into with F.

Since then, between F and F on February 28, 2016, the expiration date of the above lease agreement, the Plaintiff concluded a lease agreement with F to pay the lease deposit amount of KRW 60 million, KRW 5350,000 per month, KRW 5350,000 per month, from March 1, 2016 to February 28, 2018, adding a fine for negligence of 2% per month at the time of delinquency in rent and all management expenses.

E. On January 10, 2015, the Defendant concluded a contract for entrusted management services with the instant C building management body and from January 2015, imposed and collected management expenses, water supply charges, electricity charges, and parking charges on the occupants while managing the instant C building from January 2015.

The defendant seems to have imposed management fees, water supply fees, electricity fees, and parking fees, and the sum of the management fees and the water supply fees, the sum of the management fees and the water supply fees shall be "electric parking fees"; the sum of the electric and parking fees shall be "electric parking fees"; and the management fees, water charges, electricity charges, and parking fees shall be collectively referred to as "management fees, etc.".

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