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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff Company is the owner of the Seo-gu building F No. 1 (hereinafter “instant building No. 1”) and the building G No. 2 (hereinafter “instant housing”) in Seo-gu, Daejeon, Daejeon, and the Plaintiff Company is the owner of the instant building No. 1 and the instant housing No. 2, respectively.
B. Defendant C was an employee of I Co., Ltd. (hereinafter “Nonindicted Company”) who was operated by H, the actual operator of the Plaintiff Company, and was engaged in the Plaintiff Company and Nonparty Company’s business. From April 2010 to May 2012, Defendant C resided in the instant house 1 to June 2012, and from June 2012 to December 2015, Defendant C resided in the instant house 2.
C. Defendant C did not pay the Plaintiff Company the rent at the time of residing in each of the instant houses. The management fee imposed on the instant house No. 1 was not paid for the aggregate of KRW 15,077,410, which was imposed for the period of residing in the instant house No. 1, and the said management fee was paid by the Plaintiff Company.
around 2015, Defendant C filed a lawsuit seeking the collection amount of KRW 105,167,123 with the Daejeon District Court Decision 2015Da8374, the Daejeon District Court (105Da8374, Nov. 12, 2015). On Nov. 12, 2015, Defendant C rendered a partial favorable judgment that “D shall pay to Defendant C the amount of KRW 93,364,383 and the amount calculated at the rate of 5% per annum from March 17, 2015 to December 10, 2015, and the amount of money calculated at the rate of 15% per annum from the next day to the date of full payment.”
E. On December 31, 2015, Defendant C entered into a contract on the transfer and takeover of claims (hereinafter “instant contract on the transfer of claims”) with respect to the assignment of all of the claim for collection amount (hereinafter “instant claim”) owned by D by the Daejeon District Court Decision 2015Da8374, and notified D of the purport of the transfer of claims around that time.
[Ground of recognition] A.