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(영문) 인천지방법원 2018.07.06 2018가단9028
손해배상
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B:

(a) the real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On November 20, 2016, the Plaintiff entered into a lease agreement with Defendant B on the real estate indicated in the separate sheet (hereinafter “instant real estate”), which is the object of lease, with the Plaintiff, the lessee, the Defendant B, the lease deposit amount of KRW 500,00,000,000, monthly rent of KRW 200,000,000, and about five months, on an oral basis (hereinafter “instant lease agreement”).

B. On November 18, 2016, Defendant B paid the Plaintiff the said deposit and the rent of KRW 1.1 million in total for three months to the Plaintiff’s account in the name of D, and Defendant B occupied and used the instant real estate after being transferred from Plaintiff B around November 20, 2016.

C. On March 1, 2017, Defendant B paid only a part of the rent by means of remitting the instant lease agreement to the Plaintiff’s account in the name of Defendant C on March 18, 2017, and delayed the payment of the remainder, and the Plaintiff notified Defendant B of the content-certified mail to the effect that “In the event that the instant lease agreement is not terminated, the validity of the contract shall not be recognized, such as demanding the payment of the delayed rent, and cancelling the said contract,” several times from July 17, 2017 to September 22, 2017.

[Ground of Recognition: The plaintiff and the defendant B: the absence of dispute, Gap 3, 5 through 8 (including each number; hereinafter the same shall apply).

A) Each entry, as a whole, between the Plaintiff and Defendant C: The entry, as a whole, of the evidence of Nos. 3, 5, and 8, and the purport of the entire pleadings)

2. Whether the Plaintiff’s lawsuit against Defendant C is lawful (ex officio determination) asserts that “In relation to the money remitted by Defendant B to the Plaintiff using the name of Defendant D or Defendant C, the Plaintiff shall undergo a judgment on the amount of KRW 1,700,000,000 paid so far in preparation for the case where Defendant B’s assertion that the money was wrongfully transferred to the Plaintiff by using the name of Defendant C or D, and then Defendant C was replaced with a bad faith, and thus, Defendant C should undergo a judgment on the amount of KRW 1.7 million paid so far.”

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