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Reasons
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(영문) 서울남부지방법원 2015.07.14 2014가단240642
청구이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Confirmation of payment orders:

A. B entered into a contract on February 16, 201 with the lease deposit of KRW 180,00,000, monthly rent of KRW 4,290,000 (excluding value-added tax), and the lease deposit of KRW 4,290,00 (excluding value-added tax) from February 17, 2011 to February 16, 2014, and thereafter paid the full amount of the lease deposit.

B. On August 29, 2012, the Defendant, a creditor against B, received a claim attachment and collection order (Seoul Southern District Court 2012TTTT 18969) regarding the portion equivalent to KRW 50,00,000 among the claim for the refund of the lease deposit against the Plaintiff on August 29, 2012, and the said order was served on the Plaintiff around that time.

C. Based on the above collection order, the Defendant received a payment order against the Plaintiff on February 19, 2014 from the Seoul Southern District Court 2014 tea3730, and the payment order became final and conclusive around that time.

[Ground of recognition] Evidence Nos. 1, 7, 3-1, 1 and 3, and the purport of the whole pleadings

2. Conclusion of a new lease contract;

A. The above lease agreement between the Plaintiff and B was concluded around March 30, 2012 at the wishes of B.

B. On May 8, 2012, a lease contract was concluded between the Plaintiff and F with respect to the leased object of this case as a broker of E, who works as assistant from Creal estate, between the Plaintiff and F, with respect to the leased object of this case, with the term of 180,000,000,000,000,000 for facility premium, and from the expiration date of the lease term to May 24, 2014.

C. F paid KRW 220,000,000, out of the aggregate of the lease deposit and facility premium to be paid to the Plaintiff by May 25, 2012, F, through E on June 5, 2012, the Plaintiff agreed to return KRW 100,000,000 among them to B as part of the lease deposit, and the remainder of KRW 80,000,000,000, to be paid to B after three months after E.

F did not pay KRW 80,000,000 for three months after the promise was made. From August 29, 2012 to the above KRW 80,000,000 per month, the F shall not pay KRW 2,00,000 to 4,00 per month.

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