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(영문) 창원지방법원 2014.02.11 2011나10734
사용료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The parties’ relevant Defendants, J, and K are simplified, and the Plaintiff is the husband of K, and C is the husband of J, while C is a person with bad credit standing and operates the word “N” from the Defendant’s husband at the time of Jinju M by lending the Defendant’s husband L.

In the process, the defendant paid the debt amounting to KRW 600 million to the defendant.

B. The lease contract 1) C between C and D is about 170 square meters (hereinafter “instant store”) on June 5, 2004 from D on the first floor of F buildings in Jinju-si, Jinju-si (hereinafter “instant store”).

) A lease deposit was leased in the Plaintiff’s name with KRW 50 million, KRW 20 million per month, and the term of lease from June 5, 2004 to June 4, 2009 (hereinafter “instant lease agreement”).

(2) On September 2, 2004, in order to secure each of the above money that the O and the Plaintiff leased to D and paid to D as the lease deposit, the O completed the registration of establishment of lease on a deposit basis as to the center 100 square meters, and the Plaintiff’s 70 square meters on the same day as the above 70 square meters on a deposit basis.

C. 1 The next sub-lease contract between C and the original Defendant with respect to the instant store was conducted by H on the center part of the instant store. With respect to about about about 30 square meters of the said part of the said store, C and the Defendant concluded a sub-lease contract with the Plaintiff for the amount of KRW 50 million of the sublease deposit and KRW 3 million of the rent monthly, and the Plaintiff operated the amount of rent store in the said part. As to about about 40 square meters of the upper part of the instant store, C and the Defendant concluded a sub-lease contract with the Defendant for the amount of KRW 20 million of the sublease deposit and KRW 5 million of the rent monthly rent, and the Defendant operated the store with the name of “I” in the said part.

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