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(영문) 대전지방법원 2016.03.24 2014가합3799
양수금
Text

1. The Defendant: (a) KRW 200 million to the Plaintiff; (b) KRW 20% per annum from May 17, 2014 to September 30, 2015; and (c) from the next day.

Reasons

1. Presumed facts

A. On May 30, 2012, C: (a) KRW 300 million in lease deposit; (b) KRW 100 million in lease deposit; and (c) KRW 100 million in intermediate payment; and (d) KRW 240 million in contract payment; and (e) KRW 150 million in remainder, KRW 150 million in remainder, other than D, the first floor of the ground building (hereinafter “instant store”) other than D, Seosan-si, the Defendant owned on May 30, 2012; and (c) the same year.

9. Until June 15, 2015, the lease term was set from June 15, 2012 to June 14, 2017.

(b) C, including remitting KRW 10 million to a financial account under the name of the Defendant, on May 30, 2012, in the same year.

9. up to 17.17. A total of KRW 400 million remitted to pay all the agreed amounts.

C. Around that time, the Plaintiff agreed to lend KRW 200 million to C, and paid KRW 200 million to C from June 15, 2012 to 18 of the same month.

Accordingly, C transferred KRW 200 million out of the lease deposit refund claim under the instant lease agreement (hereinafter “instant lease agreement”) to the Plaintiff. On June 14, 2012, E, the Defendant’s representative director, “C: the transferor of the claim: the Plaintiff, F, and the transferee of the claim: the transferee of the claim: the Plaintiff: the transferee of the claim: the transferee of the claim: the transferee of the claim: the confirmation of the transfer of the claim due to the cause of KRW 200 million; and the confirmation of the transfer of claims

The above letter of assignment of claims states that “a person in charge of confirmation: B representative director E and address: G in Seocheon-si (road name address is H in Seocheon-si).”

C established “I” on November 2, 2012. On November 2, 2012, I established “I” (hereinafter “I”), and on November 28, 2012, I would like to provide the Defendant and the instant store with KRW 300 million KRW 10 million of the lease deposit, the intermediate payment of KRW 240 million on May 30, 2012, and the intermediate payment of KRW 200 million on June 15, 2012, and the remainder of KRW 150 million.

9. From June 15, 2012 to June 14, 2017, the term of lease concluded a lease agreement (hereinafter “the second lease agreement”) with the content to be leased by setting a period from June 15, 2012 to June 14, 2017.

(e) is an agent of I;

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