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(영문) 대구지방법원 2020.11.26 2020가단127811
전대차보증금 반환
Text

1. Defendant B shall pay 40,000,000 won to the Plaintiff and 12% per annum from September 16, 2020 to the day of full payment.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C

A. On January 1, 2019, the Plaintiff asserted that the Plaintiff entered into a sublease contract with Defendant B and Daegu D 1st Emt (hereinafter “instant Emt”), which stipulates the entire part of the refined land as security deposit amounting to KRW 40,000,00,000 from January 17, 2019 to January 16, 2020 (hereinafter “instant sublease contract”), and paid KRW 40,000,000,000 to Defendant B, and Defendant C acquired all of the instant Emt business, including the instant sublease contract, from Defendant B around September 16, 2019.

Therefore, Defendant C succeeded to the instant sub-lease contract and takes over the obligation to return the sub-lease deposit together, and thus, Defendant C has the obligation to return the sub-lease deposit to the Plaintiff jointly with Defendant B.

B. Defendant C’s assertion was closed after the sale to Defendant C, as the sales of the instant marina was reduced rapidly, around September 2019.

As of October 1, 2019, F, who operated Defendant B and the instant marina, as a partnership business, established the establishment registration of the creation of a neighboring mortgage, which is the maximum debt amount No. 44,00,000, as to the instant sub-lease No. 2nd G G in Daegu-gu, the Plaintiff was refunded the instant sub-lease deposit from Defendant B or F, and Defendant C did not have the duty to refund the instant sub-lease deposit to the Plaintiff.

C. According to the evidence evidence No. 1, around October 2, 2019, the Plaintiff received from F the establishment registration of a mortgage on the second floor G G G G G G G No. 44,00,000 of the maximum debt amount, and the Plaintiff received a decision on voluntary decision on the commencement of auction based on the above collateral security at the Daegu District Court I on November 29, 2019. In light of the above facts of recognition, the Plaintiff’s assertion and materials submitted by the Plaintiff are alone.

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