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(영문) 대전지방법원 2016.11.02 2016가단200887
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 30, 2013, the Defendant entered into a lease agreement with C as follows (hereinafter “instant lease agreement”).

(1) A lessor: A lessee of the object of lease: C (3) A deposit: (4) A deposit: KRW 50,000,000 per month: KRW 3740,000 per month (including value-added tax) and deposit into the account of Defendant Agricultural Cooperative (E) on the 17th day per month. (6) A deposit for facilities: From October 17, 2013 to October 17, 2015 may not be requested to the lessor.

On October 10, 2014, the Plaintiff entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) with the Defendant with the consent of the Defendant, and paid KRW 5 million to C the facility premium of this case.

(1) Sub-lease C: (2) A sub-lease: The object of sub-lease of the commercial building in this case. The sub-lease period: Oct. 16, 2015> The sub-lease shall pay 50,000 won as facility premium to the sub-lease.

C. From October 16, 2014 to December 2, 2015, the Plaintiff paid C the monthly rent under the instant sub-lease contract to C, and C has paid the monthly rent to the Defendant’s above agricultural bank account until December 7, 2015.

However, C paid the Defendant the monthly rent on September 17, 2016 on October 17, 2016, and paid the monthly rent on July 17, 2016, and each of the monthly rent on April 17, 2016, and paid the double of the monthly rent on July 17, 2016, and without paying the monthly rent on October 17, 2015, C paid KRW 3.4 million out of the monthly rent on November 21, 2015, but paid the remainder of KRW 3.4 million (value-added tax) on November 17, 2015 and without paying each of the monthly rent on December 17, 2015.

The plaintiff on 2015.

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