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(영문) 수원지방법원여주지원 2017.11.28 2015가단24654
임대료
Text

1. The plaintiff

A. Defendant C’s KRW 52,065,091 as well as 5% per annum from April 9, 2016 to November 28, 2017.

Reasons

Facts of recognition

On April 11, 2003, the Plaintiff and Defendant C entered into a lease agreement with a deposit of KRW 20 million, KRW 250,000,000 per month, and the lease term of KRW 60,000,000 per annum for the stores owned by the Plaintiff (hereinafter “instant stores”). The Defendant C paid the Plaintiff a deposit to the Plaintiff around that time, and operated a mutual marina, “Emart,” from around the beginning of June 2008, to the early of June 2008.

F had taken over the instant store around August 2008 and operated the G Marart’s business from that time to February 2, 2009.

On February 16, 2009, the Plaintiff and Defendant C entered into a lease contract with a deposit of KRW 20 million and KRW 3.5 million per month for the instant store, and Defendant C acquired the said store around that time.

On April 20, 2011, the Plaintiff and Defendant C agreed to pay KRW 30,00,000 to the instant store. On May 18, 2011, Defendant C completed the registration of creation of collateral security on the ground of maximum debt amount of KRW 36,947,00,000, out of KRW 54,685, in order to ensure the Plaintiff’s delayed rent and the obligation to pay KRW 30,000,000,000,000 to the Plaintiff as to the instant store.

The lease between the Plaintiff and Defendant C terminated on April 30, 2012, and Defendant C delivered the said store to the Plaintiff around that time.

Defendant C did not pay KRW 10,650,00 for the year 209, KRW 18,600 for the year 2010, and KRW 38,200 for the year 201 through 2012 among the rent of the instant store.

On June 13, 2013, the Plaintiff was based on the instant right to collateral security, and Defendant C’s D.

An application for voluntary auction on the share of real estate as stated in the paragraph was filed (Cheongju District Court case I), and around April 21, 2014, received dividends of KRW 15,384,909 in the auction procedure.

On February 4, 2014, Defendant B, the husband of Defendant C, bears the Plaintiff’s overdue charge of KRW 60 million.

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