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(영문) 수원지방법원 2019.01.24 2018나66203
공탁금 출급청구권 확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) each statement of evidence Nos. 28 through 33 (including paper numbers) and the result of the examination of the defendant himself, which are insufficient to acknowledge the plaintiff's assertion as additional evidence submitted to this court, are rejected; and (b) the plaintiff's assertion that the plaintiff emphasizes or adds to this court is the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence

2. Additional determination

A. 1) The Plaintiff’s assertion that there was no agreement to change the lessee of the instant lease agreement from the Plaintiff to the non-party to the non-party. On March 26, 2014, the lease agreement concluded on March 26, 2014 is merely prepared by the Plaintiff for the purpose of saving electricity and convenience regardless of the lessor’s intention. 2) In fact, the non-party company was established for the purpose of planning broadcasting and tobacco program and manufacturing industry on April 14, 201, and the Plaintiff was continuously in charge of the representative director or the representative director since its establishment.

② The business registration number of the non-party company is “L”, and the registration number in the corporate register is “M”.

③ On May 24, 2013, which was first prepared between the Plaintiff and C, the lessee’s name was indicated as “A”, resident registration number as “N” (which was treated in secret name by judgment), lessee’s address as “Seoul Songpa-gu OBP”, and the stamp image indicated as “A” was affixed after the name of the Plaintiff and C.

④ On March 26, 2014, the tenant’s name is indicated as “A”, resident registration number is as “A”, “corporation L, registration number M” and the tenant’s address is as “Seoul Songpa-gu OB P, and the tenant’s corporate seal is affixed to the tenant’s column.

⑤ On June 30, 2014, the tenant’s name is “A”, resident registration number is “L”, and tenant’s address is Seoul.

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