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(영문) 대전지방법원 2019.01.11 2017가단213408
양수금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from June 30, 2017 to January 11, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. C requested H to make an investment as a result of the lack of funds in concluding a lease agreement with respect to the gas station located in C, E, and F (hereinafter “instant gas station”), which was owned by the Defendant, in the name of G, and H accepted it.

B. On December 16, 2015, with respect to the gas station of this case, H and 100 million won, which are the joint and several surety of the lessor, the lessee, G, and lessee, were concluded.

(hereinafter “instant lease agreement”). At the same time, Defendant, G, and H 3 prepared “written confirmation of refund of deposit” (hereinafter “instant confirmation”) and accordingly, H paid KRW 100 million to the Defendant.

A lessee G of the gas station of this case who entered into a contract on December 16, 2015 may not receive the refund of KRW 100,000,000, and H, a joint and several surety, may receive the lease deposit.

The tenant G is confirmed and the tenant G is signed and sealed.

A lease deposit shall be notified two months before the expiration of the term.

It is agreed that the receipt shall be H, but in principle, it shall be received by the head of the Tong after the settlement of the charges, public charges, etc.

All documents related to the original of the contract and the gas station shall be returned on the day.

The contact shall be made to H at the time of delinquency in payment of rent one month.

C. On April 6, 2016, in order to take over the said gas station under the name of the J while the de facto lessee registered his/her business under the name of G and operating the gas station of this case (the name of the business operator was changed to I and J, etc.), the sales contract was concluded between the Defendant and the seller, the buyer J, and the purchase price of KRW 1.25 million (hereinafter “instant sales contract”), and the contract was concluded between the down payment and the down payment of KRW 300 million, which was KRW 120 million, to convert the lease deposit into the down payment and lose the effect of the lease deposit.

On May 16, 2016, the gas station of this case had been registered for transfer of ownership in the name of J on May 16, 201, and substantial buyer C continued to operate the gas station.

C. .

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