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(영문) 서울중앙지방법원 2017.11.23 2017가합512448
관리비
Text

1. The defendant,

A. The Plaintiff Co., Ltd. shall fully pay KRW 118,734,380 and the amount of KRW 118,734,380 with respect thereto from March 25, 2017.

Reasons

1. Basic facts

A. Status 1 of the parties is the Plaintiff’s Human Entertainment Co., Ltd. (hereinafter “Nuclear Entertainment”).

) The Seocho-gu Seoul Westernker Quaker Building (hereinafter referred to as the “instant building”) located in Seocho-gu, Seocho-gu, Seoul Quakerer Building

(1) The Plaintiff Co., Ltd. (hereinafter referred to as “original mother”) is the owner of the land.

(2) The Defendant is a juristic person that operates general restaurants on the underground and the second floor of the instant building, among the instant building.

B. On December 14, 2012, the Defendant entered into each of the instant lease agreements (hereinafter “instant lease agreement”) with respect to the second floor of the instant building, both the Human Entertainment and the instant building, KRW 20 million monthly, and the period from December 20, 2012 to December 19, 2014 (hereinafter “instant lease agreement”).

(2) On May 9, 2013, the Defendant concluded a lease agreement with the Human Entertainment and the instant building for the underground use of a deposit amounting to KRW 100 million, monthly renting to KRW 30 million, and the period from June 20, 2013 to June 19, 2015 (hereinafter “instant lease agreement”). From around that time, the Defendant operated a general restaurant with the trade name “pactiology”.

C. The Defendant’s management expenses and rent-paid 1) The Defendant, while operating the Plaintiff’s Momoon’s “Positype” from February 2, 2014 to January 2, 2015, did not pay the Plaintiff KRW 118,764,380 (=28,260,500 + KRW 90,50,000 + KRW 90,04,380) for the electric utility charges from February 2, 2014 to February 2, 2015. The Defendant agreed on the instant lease agreement between the Plaintiff and the Plaintiff’s Momo Entertainment on September 15, 2013 to pay the Plaintiff a total of KRW 152,679,745,00 for the instant rent accrued until then.

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