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(영문) 청주지방법원 2015.10.08 2015가단6111
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statement No. 1-1 and No. 2 of the facts based on the judgment below, the Plaintiff received a seizure and collection order of the claim amounting to KRW 80,651,875 on June 3, 2014, which is the claim amounting to KRW 20,651,875 from the Jung Government District Court No. 2014, Jun. 3, 2014, by a notary public against C based on an executory deed No. 1361, which was executed by the court of law, with respect to the claim to return the lease deposit against the Defendant by the Defendant, and the seizure and collection order of the claim was served on August 26, 2014.

2. On February 24, 2011, the Plaintiff asserts that C has a claim for the return of the deposit for the lease of a fishing place in this case, as it sought payment of KRW 80,651,875 to the Defendant as a collection right holder, and C rents “E-fishing place maintaining D 3087m2” from the Defendant for lease deposit amount to KRW 100 million, and operates the above fishing place. Therefore, C has a claim for the return of the deposit for the lease of a fishing place.

As to whether the agreement between C and the Defendant on the instant fishing place was concluded, evidence Nos. 2, as shown above, is acknowledged, since the Defendant was merely forged and thus cannot be used as evidence, there is no evidence to acknowledge the fact that the lease agreement between C and the Defendant on the instant fishing place was concluded between C and C as the lessee on February 24, 2011. If C’s testimony shows the overall purport of the pleadings, C was prepared on the day before May 2014, after receiving demand for payment from the Plaintiff, C was prepared without the Defendant’s permission, and then sent the photographic file to the Plaintiff. The evidence Nos. 2, as it is recognized that the Plaintiff printed out the photographic file sent from C as above, and there is no evidence to acknowledge the fact that the lease agreement on the instant fishing place was concluded between C and the Defendant on the basis of evidence No. 4, and the witness evidence No. 1, evidence No. 1, and witness evidence No. 3. 3.

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