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(영문) 수원지방법원안양지원 2015.08.26 2014가단106555
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence Nos. 1, 2, 5, and Eul evidence Nos. 1, 15 (including additional numbers):

The Plaintiff’s claim 1) On August 12, 2010, the Plaintiff leased (hereinafter “instant lease”) a factory building of 2nd floor E in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, with the lease deposit of KRW 50 million, monthly rent of KRW 4.62 million (including value-added tax, the last day of each month), and the lease term from August 12, 2010 to August 11, 2013 (hereinafter “instant lease”).

(2) On May 31, 2012, C and D filed a claim against the Plaintiff for the refund of the lease deposit and the payment of damages for the lease deposit (Cheongju District Court 2012Gahap884, Cheongju District Court 2012) by asserting that C and D paid all the rent under the instant lease deposit to the Plaintiff around that time. (2) C and D filed a claim against the Plaintiff for the refund of the lease deposit and the payment of damages for the lease deposit (Cheongju District Court 2012Gahap884, Cheongju District Court 2012). Accordingly, on July 11, 2012, the Plaintiff filed a claim against C and D for the payment of the rent under the instant lease deposit from August 31, 2010, which was the initial payment date, and filed a claim against C and D for the payment of the unpaid rent.

3) The court of the first instance dismissed all the claims filed by D and C on November 22, 2012, and accepted all the plaintiff's counterclaim, and "D and C shall jointly and severally pay to the plaintiff 5,6260,000 won (i.e., the unpaid rent of KRW 16,260,000 from August 31, 2010 to June 30, 2012) and the unpaid rent of KRW 1,62,00,000 to June 30, 2012 (i.e., the lease deposit amount of KRW 5,00,000 to July 16, 2012), 20% per annum from the next day to the day of full payment, and 4,620,000 won per annum from July 1, 201 to July 30, 2013 (hereinafter "the judgment of the court below")

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