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(영문) 춘천지방법원속초지원 2016.12.27 2016가단1658
집행문부여에 대한 이의의 소
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 June 4, 2014, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff on the authorization, permission, operation vehicle, and facilities of “F Child Care Center (hereinafter “F Child Care Center”) operated by the Plaintiff located in Young-si C, Young-si, D, and the first floor E apartment located in the instant child care center (hereinafter “instant child care center”). The lease agreement was concluded as KRW 36 million in premium, monthly rent of KRW 750,00 (payment on the 30th of each month).

B. On July 17, 2015, when the lawsuit was pending, the Defendant filed a lawsuit seeking delivery of a building with the Chuncheon District Court Branch Branching 2014Kadan3933, which did not perform the obligation to pay rent under the above lease agreement (hereinafter “instant conciliation”).

1. The defendant (the plaintiff of this case) received the notice of the tax and public charges (electric power costs and water supply and sewerage charges) on the child care center of this case, and immediately deliver the notice to the plaintiff (the plaintiff of this case). The defendant shall pay the remaining amount calculated by deducting the amount exceeding 400,000 won out of the above tax and public charges, 7.50,000 won per month, which the defendant shall pay to the plaintiff,

2. The Defendant shall pay the Plaintiff the unpaid rent amounting to KRW 2,379,100 and KRW 466,227,00 to the refund of the automobile insurance premium by August 15, 2015.

(Interim omitted)

7. In a case where the Defendant did not pay the rent and installment payments for automobiles four times, the contract on the instant child-care center building concluded on June 4, 2014 with the Defendant and the Plaintiff Company was terminated. The Defendant transferred the name of the principal of the said child-care center to the Plaintiff and transferred the said building to the Plaintiff, delivered the said building, and delivered the said vehicle to the said Plaintiff, and given up all the rights (including the premium) related to the said child-care center facilities, including the down payment and installment payments, to the Plaintiff in total, KRW 18 million, in relation to the said contract.

C. After the instant adjustment, the Plaintiff did not pay the unpaid rent of KRW 2,379,100 and the refunded premium of KRW 466,227, which was agreed to pay by August 15, 2015, and the rent accrued after the completion of the adjustment.

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