양수금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Facts of recognition;
A. On March 24, 2004, C leased a building of gas station B in Daegu North-gu (hereinafter “instant building”) from the Defendant during the lease period from April 30, 2004 to April 29, 2009, and the lease period was changed from July 1, 2009 to June 30, 2014. < Amended by Presidential Decree No. 25074, Jul. 1, 2009; Presidential Decree No. 25077, Jul. 1, 2009; Presidential Decree No. 25077, Jun. 30, 2014>
(hereinafter “instant lease agreement”). (b)
Meanwhile, on May 25, 2005, C agreed to set up a right to lease on a deposit basis with the Defendant for the purpose of securing the claim for the return of deposit money, and registered the establishment of a right to lease on a deposit basis with the period from April 30, 2004 to April 29, 2009. On September 13, 2010, C changed the term of the right to lease on a deposit basis from May 1, 2009 to April 29, 2014 (hereinafter “right to lease on a deposit basis”). At that time, C changed the term of the right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”).
C. C took out a loan of KRW 150 million from the Plaintiff on September 14, 2010, and made a loan as security on September 20, 2010, the establishment registration of the right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) with the maximum debt amount of KRW 100 million as to the right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”).
On the other hand, C terminated the instant lease agreement with the Defendant on June 15, 201 after closing the gas station business on April 201, and delivered the instant building to the Defendant.
E. However, upon delay in repayment of the loan by C, the Plaintiff, as a mortgagee of chonsegwon on July 5, 2012, received a claim attachment and collection order (hereinafter “instant collection order”) from the Daegu District Court 2012TTTT No. 2012TTT8931 regarding KRW 80,391,051, out of the claim to return the deposit money against the Defendant as a mortgagee of chonsegwon, which was served on the Defendant, the garnishee on July 9, 2012.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7 through 9, 11, 12 (including paper numbers), Eul evidence Nos. 1 and 7, and witness D.