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(영문) 수원지방법원 2019.06.04 2019가단511808
기타(금전)
Text

1. The Defendant’s KRW 37,00,000 as well as the Plaintiff’s annual rate of KRW 6% from February 19, 2019 to April 2, 2019, and thereafter.

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (6) and the purport of the entire pleadings.

A. On November 6, 2012, the rehabilitation procedure was commenced on the debtor A Co., Ltd. (hereinafter “debtor A”) with Suwon District Court 2012 Gohap68, Nov. 14, 2017. The rehabilitation procedure was discontinued on November 14, 2017, and on May 16, 2018, the Plaintiff was appointed as bankruptcy trustee.

B. On July 13, 2015, D, at the time of the debtor company’s administrator, leased approximately KRW 597.3 square meters among approximately 6 Fdong E in Sungnam-si, Sungnam-si, to C during the period from July 31, 2015 to July 30, 2017 (the end of each month).

(c) The start point of time is not clearly confirmed, but the defendant pays the rent in the above lease (the defendant's own recognition of the obligation to pay the rent). After the debtor company was declared bankrupt, the details of the rent payments by the defendant are as follows:

The amount of rent payable on May 7, 2018, 7,400,000 on June 29, 2018, 2018: June 7, 2018, 200, 400,000 August 3, 2018; 7,400,000,00 August 3, 2018; 7,400,000 on August 4, 2018; 4, 2018; 7,40,00,000,00 on September 5, 2018; 7, 40,00,00,00 on December 28, 2018; 10,000 on October 7, 2018; 10, 2000, 108, 208, 108, 208, 2008;

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 37,00,000 won for unpaid rent and delay damages calculated at each rate of 15% per annum under the Commercial Act from February 19, 2019 to April 2, 2019 (the delivery date of the plaintiff's preparatory documents as of March 14, 2019) where it is deemed reasonable to dispute over the scope of the defendant's obligation to pay to the plaintiff from February 19, 2019, to February 19, 2019.

3. The plaintiff's claim for conclusion is above.

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