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(영문) 수원지방법원 2018.12.13 2017나87609
배당이의
Text

1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.

Suwon District Court Asan Branch D.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this part of the judgment on the Plaintiff’s primary assertion is as stated in the reasoning of the judgment of the first instance, except for the deletion of “(5.4 million won for unpaid rent for about 18 months from the date of conclusion of the contract to September 19, 2016, which is the date of payment, should be deducted from a lease deposit)” of the No. 48 to 10 of the judgment of the first instance. Thus, this part of the judgment is identical to the part of “2. Plaintiff’s assertion and its judgment” in the reasoning of the judgment of the first instance. Thus, this part of the judgment

3. Judgment on the plaintiff's conjunctive assertion against the defendant B

A. Even if Defendant B’s claim-based lease contract was concluded normally, Defendant B did not pay rent of KRW 300,000,000,000,000,000 for the 18-month period from the conclusion of the contract to September 19, 2016, which is the date of payment of the purchase price, should be deducted from the lease deposit to receive dividends.

B. In full view of the overall purport of the statements and arguments by evidence No. 8-2, Defendant B agreed on March 8, 2015 with the lessor E to the extent that the monthly rent of KRW 300,000,000,000 for real estate life, and the lease term was 24 months from the above order date. Thus, barring any special circumstance, Defendant B shall be calculated in accordance with the Plaintiff’s assertion only for the rent of KRW 5.4 million for 18 months from the date of conclusion of the contract to September 19, 2016, which is 18 months from the date of payment from the contract to the date of payment.

shall be liable to pay such amount.

On the other hand, Defendant B asserted that he would normally pay the rent after concluding the contract, and according to each of subparagraph B-1 to subparagraph 3-6, Defendant B would be KRW 60,000,000 on April 22, 2015, KRW 600,000 on June 8, 2015, KRW 90,000 on November 15, 2015, KRW 120,000 on July 23, 2016, and KRW 90,000 on October 8, 2016.

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