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(영문) 서울중앙지방법원 2017.05.19 2015가단5384043
차임 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 6, 2011, the Plaintiff leased a building listed in paragraph (1) of the attached Table C (hereinafter “No. 1”) to Nonparty Company B (hereinafter “Nonindicted Company”), the lease deposit of KRW 17 million, monthly rent of KRW 17 million, and the lease term of KRW 17 million from August 11, 2011 to August 10, 201; and ② on March 20, 2012, the building listed in paragraph (2) of the attached Table D (hereinafter “No. 2”) as indicated in the attached Table D (hereinafter “No. 19 million, monthly rent of KRW 190,000 and the lease term of KRW 6 months until September 19, 2012, without the lease deposit.

(hereinafter referred to as “second lease agreement”). (b)

On February 6, 2014, the Plaintiff terminated each of the above lease agreements on the grounds of overdue rent, etc. of the non-party company, and filed a lawsuit seeking the order of each of the above buildings (Seoul Central District Court 2013Gahap48949, 48956 (Counterclaim)) and rendered a final judgment of the first instance court on February 6, 2014, such as “the non-party company shall deliver the first building to the Plaintiff at the same time receiving the balance of KRW 17 million from the Plaintiff to KRW 1870,000 per month from January 11, 2013 to the completion date of delivery of the first building, and deliver the second building, and pay KRW 2,99,00 per month from May 20, 2012 to the completion date of delivery of the second building.” The above judgment became final and conclusive around that time.

(hereinafter referred to as “previous Litigation”). (c)

On December 2, 2013, the Defendant, a director of the non-party company, registered his/her business in order to engage in the manufacturing business of electrical appliances and the wholesale and retail business with the trade name of “B” in Scheon-si E.

(hereinafter referred to as “B”). [Grounds for recognition] Gap 1, 2, and Eul 10, respectively, and the purport of the entire pleadings.

2. The plaintiff's ground for claim

A. The Defendant, which is the primary cause of the Plaintiff’s winning in the previous lawsuit, has moved the place of business for the purpose of evading the Plaintiff’s debt, and concealed the finished products and the collection equipment owned by the Nonparty Company while moving the place of business for the purpose of evading the Nonparty Company’s debt. As of December 5, 2013, the Defendant is called “B”.

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