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(영문) 대구지방법원 2015.08.13 2014나19064

양수금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. After remand, the part against the plaintiff in the judgment of the court before remanding the case, which cited the part concerning "6,9250,000 won among the plaintiff's claims against the defendant and about "5% per annum from December 29, 2011 to October 31, 2013, and 20% per annum from the next day to the date of full payment," and the part concerning "the money calculated at the rate of 6,9250,000 won per annum from October 31, 2013, and 20% per annum from the next day to the date of full payment, shall be appealed, and since the judgment of the court before remanding the part against the defendant, the part of the judgment of the court before remanding

2. Basic facts

A. On March 24, 2004, C entered into a lease agreement with the Defendant to change the term from April 30, 2004 to April 29, 2009 the lease deposit of KRW 60 million, and the term from April 30, 2004 to April 30, 201. On July 1, 2009, C entered into a lease agreement to change the term from July 1, 2009 to June 30, 2014.

(hereinafter referred to as the “instant lease agreement”) B.

On the other hand, C agreed with the Defendant to set up chonsegwon for the purpose of securing the claim for the return of deposit for lease. On May 25, 2005, on the instant building, C completed the registration of the establishment of chonsegwon with the content of the deposit for lease on a deposit basis, from April 30, 2004 to April 29, 2009. On September 13, 2010, C completed the registration of the establishment of chonsegwon with the content of the said chonsegwon as the deposit for lease on a deposit basis, from May 1, 2009 to April 29, 2014 (hereinafter “the instant lease on a deposit basis”). The lease deposit was increased to KRW 100 million thereafter.

C. C took out a loan of KRW 150 million from the Plaintiff on September 14, 2010, and completed 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.

On the other hand, C is a building of this case.