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(영문) 부산지방법원 2019.11.13 2018나53825
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally liable to the Plaintiff for KRW 85 million and Defendant 1.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and D around the beginning of March 2016, 2016 (hereinafter “instant building”) are six-story buildings of reinforced concrete slives slives roof F in Kimhae-si, a co-ownership (each of the shares of 1/2) to Defendant B (hereinafter “instant building”).

The “H bath bath” of the second, third, and underground boiler rooms (hereinafter “instant bath bath”).

B) A deposit of KRW 30 million, KRW 6 million per month of rent (excluding surtax), and the period from March 10, 2016 to March 29, 2017 was fixed and leased (hereinafter “instant lease agreement”).

(2) Defendant B, at the time of the instant lease agreement, did not actually pay the said deposit to the Plaintiff and D, who was the lessor at the time of the instant lease agreement, and agreed to receive the deposit returned from the Plaintiff and D, who succeeded to the status of the lessor, as seen below after the termination of the instant lease agreement, and to pay it in 1/2 to the Plaintiff and D.

(hereinafter “instant agreement”). (b)

1) On March 8, 2016, the Plaintiff and D sold the instant building at KRW 4.4 billion to I, and upon succession to the lessor status under the instant lease agreement, I deducted the deposit amount of KRW 330 million under the instant lease agreement from the said purchase price. 2) On April 10, 2017, I paid to Defendant B the deposit amount of KRW 330 million from the Plaintiff’s creditor J’s claim attachment and collection order of KRW 52,707,752 and the outstanding amount (any rent and various public charges that the Defendant failed to pay to I while operating the instant bath), the remainder amount of KRW 29,310,916 after deducting the deposit amount of KRW 47,981,32, and the delivery of the instant bath.

C. On March 3, 2017, the creditor J of the Plaintiff’s claim attachment and collection order, against KRW 52,707,752, among the claims sought by the Plaintiff as the Busan District Court 2017TT2707, which was pending in the instant lawsuit against Defendant B, seized the claims against the Plaintiff and the third obligor B.

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