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(영문) 대구지방법원 2019.06.21 2018가단25684
대여금 등
Text

1. Defendant C:

A. The Plaintiff shall be fully paid KRW 19,762,501 and KRW 19,200,00 among them to the Plaintiff from November 27, 2018.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: as shown in the Attached Form of Claim;

(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act;

2. According to the overall purport of Gap evidence Nos. 1 through 3 (including virtual numbers) and arguments as to the claim against the defendant Korea Land and Housing Corporation, the defendant Korea Land and Housing Corporation (hereinafter "the defendant Corporation") entered into a lease agreement with the defendant C on August 13, 2015 with respect to the real estate listed in the separate sheet (hereinafter "real estate in this case"), which is KRW 16 million, rent 194,00, and period from May 20, 2016 to September 30, 2018 (hereinafter "the instant lease agreement"), and the plaintiff entered into a lease agreement with the defendant C on June 20, 2016 with respect to the real estate listed in the separate sheet (hereinafter "real estate in this case"), and notified the defendant C Corporation of the fact that it received the claim for the return of the lease deposit from the defendant C by taking over the lease deposit against the defendant corporation.

Therefore, the Defendant Corporation shall, at the same time, pay the Plaintiff the remainder after deducting all the claims, such as overdue rent, etc. that the Defendant Corporation owns against the Defendant C according to the instant lease agreement from the KRW 16 million to the date of delivery of the instant real estate.

3. Thus, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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