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(영문) 서울고등법원 2016.10.28 2016나2028451 (1)
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why this Court has made use of this part of the basic facts are as follows, and this part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, except for the dismissal of the third to 17 of the judgment of the court of first instance as follows. As such, this Court shall accept it as it is in accordance with the main sentence of

1. C as the instant lease agreement expired on August 9, 2014, transferred all rights to the instant building to Bigter Korea.

2.The Bigter Korea shall exercise its power of representation with the consent of the lien holder of this building construction execution chain.

3. C shall manage this building by no later than December 2014, and shall implement management and rights with respect to Bigter Korea after January 2015.

4. C shall deposit 16 million won to the Bigter Korea by January 15, 2015.

5. Bigter Korea is liable for the overdue electricity charges and all public charges with the receipt of the deposit.

(hereinafter referred to as “Bigter Korea Co., Ltd.” (hereinafter referred to as “Bigter Korea”) as of December 15, 2014.

Between the departments, the following terms and conditions have been drawn up:

1. C according to the transfer of the right to use and manage the instant building to the representative bigter Korea with the lien holder of the building construction business chain, the Bigter Korea will succeed to all the contractual matters with C and the Defendant.

2. A deposit of KRW 16 million shall be liable to the Bigter Korea.

3. Monthly user fees of eight million won shall be deposited in the Bigter Korea from January 2015 to the Bigter Korea.

4. The use and management of the building is the responsibility of the Bigter Korea.

5. The invalidation of this Agreement shall take effect when C deposits KRW 16 million before January 15, 2015 to the Big Data Korea.

Attachment: Agreement between C and Bigter Korea

E. As of January 5, 2015, Defendant and Big Korea drafted an agreement with the following contents, and C transferred lease deposit KRW 16 million to Bigter Korea on January 15, 2015.

Meanwhile, on the other hand, the defendant against Bigter Korea on February 6, 2015, and on March 2015, 2015.

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