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(영문) 창원지방법원 2016.11.22 2015가단85148

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to B, based on the executory order of the claim for reimbursement amounting to KRW 70,00,000,000, which B had against the Defendant based on the executory order of the claim for reimbursement under Busan District Court’s 2015Da4830, Busan District Court’s dong Branch, the Plaintiff received the seizure and collection order of the claim to transfer B to the original seizure, and the Defendant was served on October 12, 2015.

B. The Defendant and B concluded a lease agreement. On December 23, 2009, the Defendant and B concluded a lease agreement with the Defendant on December 23, 2009: (a) the land prior to the division into D and E ( December 5, 201); and (b) the instant land.

(2) The lower court determined that: (a) the lower court did not err by misapprehending the legal principles on the part of the lower court; (b) the lower court did not err by misapprehending the legal principles on the part of the lower court; and (c) the lower court did not err by misapprehending the legal principles on the grounds of appeal

) The F road is 115 square meters of F road (the land before G is divided on September 7, 2012, hereinafter “instant road”).

(2) On January 20, 2012, the Defendant and B concluded a lease agreement with the term of lease deposit KRW 100,000,000, monthly rent KRW 6,000,000, and the term of lease from January 20, 2010 to January 19, 2012. The Defendant and B concluded a lease agreement with the term of lease deposit KRW 100,000,000, monthly rent KRW 7,000,000, and the term of lease from January 20, 2012 to January 19, 2014.

On January 20, 2014, B and the Defendant concluded a lease contract with the condition that the lease deposit is KRW 100,000,000, monthly rent is KRW 7,000,000, and the lease term is from January 20, 2012 to January 19, 2014.

3) On January 20, 2014, the Defendant and B entered into a lease agreement with the term of KRW 100,000,000 for lease deposit, KRW 8,000 for the rent month (excluding value-added tax of KRW 800,000), and the term of lease from January 20, 2014 to January 19, 2016 (hereinafter “instant lease agreement”).

(iv) 4) B.