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(영문) 인천지방법원 2018.09.20 2017가단41919
임료등
Text

1. The Defendant shall pay to the Plaintiff KRW 4,550,000 as well as 6% per annum from June 1, 2017 to September 20, 2018, and the next day.

Reasons

1. Basic facts

1. 양도양수내역 ㈎ 쎈베기계 외 기계시설 일체 ㈏ HACCP 바코드사용권한 ㈐ 가설건축물 창고사용

2. 양도양수금액 ㈎ 8,000만 원 ㈏ 이는 양수인 C대표 B(피고 포함) 공장도가 협의한 금액 쎈베(스넥류)로 지급하며 현금 2,000만 원은 2017. 4. 20.까지 지급한다.

3.One unit of electric disease machinery in the factory, together with a house, HACCP and temporary building, and the transferee has the authority to use the said content when the balance is paid in full.

On April 5, 2017, the Plaintiff entered into a contract for transfer and acquisition (hereinafter “instant contract for transfer and acquisition”) with the Defendant, who runs the food business under the trade name of “C,” with respect to the lease of approximately 400 square meters of land for 1652,7 square meters of land for 1652,07 square meters in Seo-gu, Incheon, Seo-gu (hereinafter “instant factory”) among the buildings for 1652,00 square meters of land for 1652,00 square meters in Seo-gu, Incheon.

B. On April 6, 2017, the Plaintiff entered into a lease agreement with the Defendant with a term of KRW 20 million, monthly rent of KRW 2.5 million (payment on May 30, 2017, the first rent payment date), and five years from April 7, 2017 to April 6, 202, and around that time, delivered the instant factory to the Defendant.

C. On May 25, 2017, the Plaintiff entered into a lease agreement with F, setting the lease term as five years from June 1, 2017 to May 31, 202 with respect to the instant factory, including the lease term of KRW 20 million, KRW 2.5 million per month, and the lease term of KRW 2.5 million per month.

The above lease contract (No. 8) contains the phrase "this contract is a contract under which the present lessee is changed to F in the name of the present lessee."

The Defendant delivered the instant factory to F around June 1, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. Determination

A. The defendant's summary of the plaintiff's assertion is with objection to the plaintiff.

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