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(영문) 수원지방법원 안산지원 2017.04.20 2016가합1103

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 16, 2016, the Plaintiff entered into a lease agreement with Defendant B for the lease deposit of KRW 30 million, monthly rent of KRW 2 million, and period of lease from March 17, 2016 to March 16, 2021 with respect to the shopping districts D and 1st floor (hereinafter “instant real estate”) owned by Defendant B (hereinafter “instant real estate”). On February 22, 2016, the Plaintiff established and operated E Company as its location.

B. On May 30, 2016, the Plaintiff contracted the instant real estate and the external interior interior and interior interior interior works to F, but failed to pay KRW 70,000,000, the Plaintiff entered into the following transfer/acquisition agreements with F as of May 30, 2016.

The transferor shall pay KRW 20 million, June 10, 201, June 29, 2016, KRW 20 million, and KRW 20 million on June 29, 2016, and KRW 30 million on July 21, 2016, respectively, among the construction cost of the facilities, outside interior and air conditioning and air conditioning (conditioning, freezing, and all other facilities) in the instant real estate.

On June 10, 2016, when the transferor is unable to pay the above money, the transferor is not obligated to transfer the real estate lease deposit amount of KRW 20 million to the transferee of the building in Ansan-si, the building in Ansan-gu, and the lease deposit of KRW 102,00,000,000,000,000,000,000,000,000,000,000,000,000,00

C. On August 8, 2016, F entered into the following transfer or acquisition contract with H, which Defendant C is the representative director.

The transferor transfers to the assignee all of the instant real estate lease deposit amounting to KRW 20 million and the title deposit amounting to KRW 4 million, the lease deposit amount of KRW 102,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

The assignee shall be responsible for all the accounts receivable of the transaction partner in the present condition.

Defendant B’s instant case between H and around August 8, 2016.