logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.04 2016나55487
임대료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 10, 2014, the Defendant (Co., Ltd.) leased the instant building from the D Association (hereinafter “Association”) to the extent of 101, 102, 149, 150, 151, and 180 (hereinafter “instant building” only 101 and 102 out of each of the above units) of the building in Gyeyang-gu Gyeyang-gu E (hereinafter “instant building”) as the lease deposit amount of KRW 160,000,000, monthly rent of KRW 7,900,000 (excluding value-added tax), and from March 1, 2014 to May 31, 2019.

B. On April 2, 2014, the Plaintiff acquired the ownership of the instant building, and, along with F on July 18, 2014, drafted an undertaking with the following content as the other party to the Defendant (hereinafter “instant undertaking”).

1. The Plaintiff and F shall recognize all contractual matters entered into between the Union and the Defendant, and shall refer to co-operation in all the matters for which the Kti Co., Ltd. (hereinafter “Kti”) can re-contract with respect to the only store (the instant building, No. 150, No. 151).

2. In entering into a contract for a party store between the case and the Plaintiff F, security against the deposit requested by the case shall be executed with the Seoul Policy of Guarantee Fund issued and managed;

3. At present, the defendant shall, after having already paid the deposit, return it to the defendant immediately on the date of deposit for the lease deposit that the case is paid when the lease contract between the lessor and the sales outlet of this case is concluded.

(Plaintiffs 70,538,783, F 43,761,851). 4. The Plaintiff and F shall delegate to the Defendant all the powers of the Defendant to deliver and withdraw the foregoing amount of deposit to the Defendant.

C. On September 26, 2014, the Plaintiff leased the instant building with the lease deposit amounting to KRW 70,540,000, KRW 3,480,000 per month of rent (excluding value-added tax) and the lease period from October 1, 2014 to September 30, 2019.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4 and 8 (including branch numbers) and the whole pleadings.

arrow