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(영문) 서울남부지방법원 2017.07.06 2016나61363
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for addition of the following additional determinations, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. Defendant D did not pay the lease deposit and rent stipulated in the lease agreement on the instant commercial building 302, based on the Plaintiff’s evidence No. 1-2. Thus, Defendant D asserts that the said lease agreement was rescinded by implied agreement. Thus, Defendant D asserts that the instant loan repayment agreement as stipulated in the special agreement clause of the said lease agreement has no validity.

In full view of the purport of evidence No. 1-1 of this case’s statement, it can be acknowledged that the Plaintiff paid all the lease deposit amount of KRW 50 million under the lease agreement on No. 302 of this case’s shopping district (No. 1-2 of this case’s evidence No. 1-2 of this case’s shopping district). The date between Defendant B and the Plaintiff, who represented Defendant D, was calculated retroactively on Oct. 13, 2010, and the lease contract under the evidence No. 1-2 of evidence No. 1-2 of this case’s evidence No. 1-1 of this case’s evidence No. 1-2 of this case’s statement, is not a lease contract under the evidence No. 1-1 of this case’s evidence No. 1-1 and a new lease contract that is separate from

B. Defendant D asserts that, inasmuch as the Plaintiff is obligated to pay Defendant D the sum of KRW 56,320,000 (from January 31, 2013, when the Plaintiff’s obligation to pay the Plaintiff’s rent was postponed, until August 17, 2015, the ownership of the instant commercial building was transferred to another person), Defendant D as the Plaintiff’s automatic claim against the Plaintiff was set off against the Plaintiff’s claim against the Defendant D by using the Plaintiff’s automatic claim.

The entry of the evidence No. 4-1 and 2-2, and it shall be made to the head of Gyeyang-gu Incheon Metropolitan City in the first instance court.

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