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(영문) 대구고등법원 2016.02.24 2015나22312
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 19, 2004, the Plaintiff applied for a payment order against E to pay the agreed amount of KRW 85,00,000,000 per annum from July 23, 1997 to the service date of the payment order, and 20% per annum from the next day to the day of complete payment ( Daegu District Court Decision 2003 tea70326), and the above payment order was finalized on February 28, 2004.

(A) Evidence No. 1). (b)

E entered into a lease agreement between Defendant B and Defendant B on November 30, 2009 with the terms that the store F and the first floor (hereinafter “the above store”) owned by the Defendant is KRW 30,000,000, monthly rent of KRW 700,000, and the term of lease from November 30, 2009 to November 29, 201 (hereinafter “the above lease agreement”) and operated a singing (hereinafter “singing”) at the above store (hereinafter “singing”). (No. 14, No. 1-1).

On February 2, 2010, the Plaintiff received the issuance of each of the claims and the collection order (hereinafter collectively referred to as “instant collection order”) indicated as follows, including the claim amount of KRW 293,387,747 (including interest and delay damages) as the executive title, and each of the claims indicated as indicated in the table E (hereinafter referred to as “instant collection order”) from the obligor E. The instant collection order was served to the Defendant B and other third obligors until February 2010.

(A) No. 2, 3, and 4. The third debtor's claim 1 Daegu District Court 2010 Taz2526 on February 18, 2010 on the date of issuance of the case number: (a) the deposit claim 2010 Taz2814 on February 19, 2010; (b) the credit card sales claim 3 Daegu District Court 2010 Tazz2917, Feb. 19, 2017, including the Korea Bank, etc.

D. After the issuance of the instant collection order, E: (i) the date of the contract between Defendant B and the contracting party under the said lease agreement was February 1, 2010; and (ii) the lessee was an employee of Defendant C (a restaurant operated by E).

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