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(영문) 수원지방법원안산지원 2014.08.20 2013가단35320
건물인도 등
Text

1. Defendant B Co., Ltd.: (a) KRW 54,832,500 on the Plaintiff and 5% per annum from June 12, 2014 to August 20, 2014.

Reasons

1. Basic facts

A. Defendant A paid KRW 60,000,000 as lease deposit, and entered into a lease agreement with the Plaintiff by setting the lease period from May 1, 2012 to April 30, 2014 (two years), the lease deposit amount of KRW 60,00,00 [Attachment 5, until October 5, 2012, and from October 10, 2012 to October 30, 200 [Attachment 7,00,000,000 [the lease agreement] with respect to the instant factory] as the lease agreement between the Plaintiff and the Plaintiff under the trade name of “B” (hereinafter “B”).

B. Since then, Defendant A requested the Plaintiff to enter into a modified contract of the first contract while changing the automobile maintenance business from an individual entrepreneur to a stock company.

Accordingly, on May 1, 2013, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) under the terms of KRW 60,000,000 as lease deposit for the instant factory, and one year from May 1, 2013 to April 30, 2014, and two years from May 1, 2013 to April 30, 2014 (hereinafter “second agreement”).

In the second contract, the same contract with the first contract was used except for the term of lease.

C. The Defendant A, as a representative director, completed the registration of incorporation of the Defendant Company on May 9, 2013, and D was appointed as the representative director of the Defendant Company on June 17, 2013.

The Plaintiff filed an application against the Defendants for a payment order (U.S. District Court Ansan Branch 2013 tea5611) seeking payment of overdue rent and overdue electricity rent of KRW 62,67,660 (annual rent of KRW 49,500,000 and overdue electricity of KRW 13,177,660) for the payment of the instant plant up to August 2013.

With respect to Defendant Company, the written application was dismissed on December 27, 2013, and Defendant A.

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