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(영문) 부산지방법원 2015.11.13 2015나3461
추심금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasons for the court’s explanation of the instant case are as stated in the reasoning of the judgment of the first instance, except for adding the following judgments as to the allegations in the trial of the Plaintiff and the Defendant, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Determination 1 on the Plaintiff’s assertion 1) The Defendant alleged that the monthly rent had not been overdue on or before April 2013 on the fourth date for pleading of the first instance trial. As such, the first instance court’s finding that the Plaintiff was in arrears with the rent of KRW 10 million during the lease period of KRW C violates binding force on the said confession. 2) However, the fact that the Defendant stated on August 19, 2014, which was the fourth date for pleading of the first instance trial, that the monthly rent had not been overdue on or before April 2013, is significant in this court. However, it appears that the Defendant purchased the instant commercial building from D, the moving owner of the instant commercial building, from February 5, 2013 to March 31, 2013, changed the name of the tenant from C to G, and that there was no fact of delinquency in payment against the Defendant.

Since the overdue rent of KRW 10 million, which shall be deducted from the claim to return the lease deposit against the Defendant, is the overdue rent of KRW 10,000,000, which shall be deducted from the claim to return the lease deposit against the Defendant, the said statement at the fourth pleading date of the Defendant’s first instance court cannot be deemed to conflict with the fact-finding of

Therefore, the plaintiff's above assertion is without merit.

B. On March 31, 2013, the Defendant alleged the Defendant’s assertion regarding the instant commercial building: (a) decided to change the name of the tenant of the instant commercial building to G, a parent of C; and (b) concluded a lease contract with G by setting the lease deposit of KRW 30 million on March 31, 2013; (c) monthly rent of KRW 1.2 million; and (d) concluded a lease contract with G as the period of lease of KRW 21 months; (c) however, the said lease agreement was concluded to avoid seizure and collection by other creditors, and is null and void as it constitutes a false declaration of conspiracy between the citizens and the Defendant.

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