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(영문) 대전지방법원 2017.04.13 2015가단20237
추심금
Text

1. Defendant B, each of the Defendant B’s 5,415,750 won and Defendant C’s 1,750,000 won and each of them.

Reasons

I. As to the Defendants other than Defendant B

1. Facts of recognition;

A. On August 27, 2014, the Plaintiff and the appointed party designated the Plaintiff as the designated party, with regard to F as the claim for return of unjust enrichment of KRW 52,836,000 against F as the Daejeon District Court 2014TTTTTT1258, the claim for return of unjust enrichment of KRW 52,836,000 against F as the obligor, the Defendants as the third obligor, and F’s Defendants as the third obligor, upon receipt of an application for the attachment and collection order on September 3, 2014, with regard to the claims indicated in the separate attachment and seizure, each of which is the claim indicated in the claim to be collected from July 29, 2008, and the attachment and collection order was issued by the said court (hereinafter “instant order”). The above order was served on the Defendants on September 5, 2014, respectively.

B. G Co., Ltd (hereinafter “Nonindicted Company”) was established around April 1978 for the purpose of market creation and operation, and store lease, etc., and F’s father H was appointed as representative director on December 10, 1997, and the registration of representative director was cancelled due to the dissolution of the company under the Commercial Act, and the registration of continuation of the company was later registered. As such, G Co., Ltd. (hereinafter “Nonindicted Company”) retired from office on February 26, 2004 through August 11, 204; from January 22, 2007 to April 14, 2008; and from May 20, 208 to May 19, 201, the mother, the representative director of F, was appointed as representative director of the company on March 12, 2012 and retired from office on August 29, 201.

C. On February 3, 2009, Defendant C entered into a lease agreement between F and F with regard to the size of 165 square meters on the first floor among the first floor and the second floor commercial buildings on the second floor (hereinafter “instant real estate”) in Jung-gu Daejeon, Daejeon, with the trade name “K” from February 10 to February 9, 201, and the lease agreement was concluded between F and F with regard to the lease deposit of 10 million won, monthly rent of 70 million won (payment on February 10, 2009), and between February 10, 2009 and February 9, 2011, and the said lease agreement was terminated on February 9, 2015 after two renewals.

Between F and F, Defendant D, on July 29, 2008, with respect to the lease deposit of 148.5 square meters on the first floor among the instant real property, KRW 7.65 million on the ground, monthly rent of KRW 765,00 (payment on July 29, 200).

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