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(영문) 인천지방법원 2017.11.15 2016가단256592
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant, on March 25, 2014, as the lessee C, signed the instant lease agreement (hereinafter “instant real estate”) on March 25, 2014, 301, Nam-gu Incheon Metropolitan City D ground (hereinafter “instant real estate”).

(1) As to the lease deposit, the term of KRW 110,00,000, and the term from April 29, 2014 to April 28, 2016 (2) (hereinafter “the instant first lease agreement”).

(2) On April 29, 2014, the Defendant concluded a contract with the same lease term and the name of the lessee to change the lease deposit amount to KRW 90,000,000 (hereinafter “the instant secondary lease contract”). On the same day, the Defendant received KRW 80,000,000 (hereinafter “the instant secondary lease contract”) and issued a receipt in C’s name while receiving the remainder of the lease deposit amount of KRW 80,000,000.

3) On May 13, 2014, the Defendant entered into a contract under which the lease period and the name of the lessee are identical and the lease deposit is KRW 80,000,000, monthly rent of KRW 400,000 (hereinafter “instant third lease contract”).

(3) On April 29, 2014, the date on which the second lease contract was prepared was written (However, the partial revision was made, and the date on which the second lease contract was written was written).

The lessee paid KRW 10,00,000 as the partial return of the lease deposit of the instant real estate to the lessee. C and E (C’s prior wife) issued a receipt for KRW 10,000,000 to the Defendant under the joint name on February 2, 2015. (4) The Defendant returned KRW 10,000,000 out of the lease deposit to E and the lease period is the same, and the lessee E, F (C’s wife), the lease deposit amount of KRW 70,00,000, monthly rent of KRW 500,000 (hereinafter “instant fourth lease contract”), and when each lease contract is referred to as “the instant lease contract”). The date on which the written contract is drawn up shall be April 2, 2014.

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