beta
Text
1. Revocation of the first instance judgment.
The plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and E’s obligation 1) On November 23, 2011, the Plaintiff and E purchased heading 101 of Kudong-gu Incheon Metropolitan City Ctel 101 and heading 901, 903, 904, and 1001 of the above Ctel, for which the Plaintiff and F had exercised the right of retention. 2) E would pay to the Plaintiff KRW 150 million in return for the waiver of the right of retention against the above 101, and KRW 901,90,903, 904, and 1001 in return for the waiver of the right of retention against the above 101. Of them, the Plaintiff paid KRW 100 million to the Plaintiff KRW 75 million.
3) On May 23, 2012, E separately borrowed KRW 30 million from H from May 23, 2012, and KRW 50 million from G on May 24, 2012 (a dispute over whether the borrower is the Plaintiff or the creditor of the rent is the Plaintiff, G, and H).
(B) The Defendant and the E-related Defendant, along with E in the internal relations from February 23, 2012, shall be a restaurant (hereinafter “instant restaurant”) with the trade name “Dtel 101” in the said Ctel 101.
(c) On June 8, 2012, the Plaintiff’s debt collection and the transfer of the Defendant’s account 1) E drafted in the name of J a letter of assignment that, in order to collect the construction cost contracted by J Co., Ltd. (hereinafter “J”) from Company I (hereinafter “I”), transfer to the Plaintiff the amount equivalent to KRW 267,300,000,000,000 to I’s claim for the construction cost to the Plaintiff.
2) On June 25, 2012, J received a provisional attachment order of KRW 297,99 million for the amount claimed as KRW I’s real estate, and agreed on June 27, 2012 on KRW 285,80,000 for the balance of the I’s representative M and the construction cost. 3) On July 5, 2012, the Plaintiff concluded construction with I in good faith as to the portion of the electrical construction in relation to which J was contracted, by July 15, 2012, and is entirely responsible for the taxes, personnel expenses, and material costs incurred by the J, and if it fails to comply with the provisional attachment order, the Plaintiff will be held liable for all civil criminal charges.