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(영문) 광주고등법원 2017.06.02 2015나15510

추심금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

. On January 8, 2013, immediately after the conclusion of the contract, E drafted a written confirmation as follows (hereinafter “instant written confirmation”).

Name of the correct person: B

1. On January 3, 2013, I received 40,000 won of the sub-lease deposit under the sub-lease contract between C and the sub-lease contract between January 7, 2013 and January 6, 2015 for the sub-lease contract between 24,00,000 won and the sub-lease contract between January 7, 2013 and January 6, 2015.

2. On February 28, 2013, I have to pay C at the time of the completion of bank loans by February 28, 2013 on the sub-lease agreement with C. However, C borrowed KRW 300 million to E and received KRW 2.1 million from E in subrogation of C the remainder of the sub-lease guarantee deposit in lieu of C. Therefore I have the right to confirm that 2.5 million of the sub-lease deposit to be paid to sub-lessee is liable to E in the future.

* The validity of this certification is effective at the time of payment of KRW 210,000 to the principal on January 8, 2013: B: (a) on the other hand, on April 5, 2013, a notary public: “F shall jointly and severally with C; (b) 300,000,000 won from E on March 29, 2013; (c) on April 12, 2013; and (d) on April 12, 2013; and (e) on April 12, 2013, the repayment period of KRW 120,000 was 12% per annum; and (e) on the other hand, the notarial deed (Evidence evidence 28-11) concluded that there is no objection even if compulsory execution was performed; and (e) on April 13, 2015, the notary public assigned the Defendant’s right to claim restitution of KRW 205,505,205,205,205,205,205,205,205,201.