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(영문) 대구지방법원 2017.04.28 2016가단106121
손해배상(기)
Text

1. The Defendants jointly share the amount of KRW 1,900,000 to Plaintiff A, as well as the period from March 25, 2016 to April 28, 2017.

Reasons

1. Basic facts

A. On October 18, 2010, Plaintiff A’s Schedule to Defendant C owned by the Plaintiff.

2. The registered building (excluding underground floors; hereinafter referred to as the “instant building”) was leased at KRW 20,000,000 as lease deposit, and KRW 550,000 as monthly rent (one day in advance), and on December 1, 2010, a lease agreement was made from December 1, 2010 to December 1, 2015.

(hereinafter “instant lease agreement”). Defendant C operated the “E Child Care Center” in the instant building.

B. On February 14, 2013, Defendant C transferred the inside facilities, teaching materials, and the right to authorize child care centers to F in 127,00,000 won. At the time, Defendant C and F agreed to receive KRW 20,000,000 as to the above lease deposit amount of KRW 20,000,000 on behalf of the Plaintiff C and the F agreed to receive KRW 20,00,000 from the Plaintiff.

C. On April 29, 2013, Plaintiff A sold the real estate listed in the separate sheet to G, who is the husband of F, in KRW 195,00,000. On December 4, 2013, the ownership transfer registration was completed in F. The said lease deposit was agreed to substitute for the payment of the purchase price.

1) Defendant C filed a lawsuit against F against F to seek 87,00,000 won unpaid out of the agreed amount (including the above lease deposit) upon the transfer of the above child care center. On May 29, 2015, the Daegu District Court rendered a judgment of winning the entire Defendant C in the case of the agreed amount No. 2013da82736, May 29, 2015. (2) Defendant C and F adjusted the amount to be paid by F on January 11, 2016 to KRW 83,200,000 in the Daegu District Court Decision 2015Na303, the appellate trial.

E.1) On October 23, 2015, Defendant C revealed that the above lawsuit is pending between Plaintiff A and Defendant C and F, and Defendant C did not intend to renew the lease agreement on December 1, 2015, upon the expiration of the lease term as a lessee of the said lease agreement (the lease deposit is the Defendant C.

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