logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.05.26 2015나5390
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On January 3, 2014, the Plaintiff received the attachment and collection order as to “the claim to return the lease deposit of the Seo-gu, Seo-gu, Seocheon-gu E ground (hereinafter “C”) from the Daejeon District Court Branch of Daejeon District Court on January 3, 2014, based on the original copy of the No. 220,000,000 executory power of No. 20,000,000, issued by a notary public for C’s office No. 20,000, which was executed by the notary public in order to seize and collect the Plaintiff’s claim,” and the attachment and collection order was served on the Defendant on January 7, 2014.

G entered into a lease agreement with the Defendant on the instant building at KRW 15,00,000, monthly rent of KRW 1,200,000 with respect to the instant building, and operated a motor vehicle maintenance business place in the name of F in the instant building. On December 8, 2011, G entered into a lease agreement with H, a creditor thereof, to transfer the F’s assets and liabilities at KRW 90,000,000. At the time, the lease deposit amount of KRW 15,00,000 was included in KRW 90,000.

G operated the F by April 2012, while transferring the F to H in accordance with the above comprehensive transfer and takeover agreement, and H with respect to which a person with bad credit standing has difficulty in carrying out his/her business registration under his/her name. As such, H requested C to whom he/she was aware of in his/her name and requested C to lend his/her business name, and C accepted it.

On April 20, 2012, after the expiration of the lease term between G and the Defendant, H entered into a lease agreement on the instant building between the Defendant, and entered into a lease agreement with the Defendant with the name of 24 months of the lease term, the lease deposit amount of 15,00,000 won, and the rent of 1,200,000 won. On May 10, 2012, H registered the business of F in the name of Da in thecheonan Tax Office, accompanied by the said lease agreement.

(b) the Commission; and

arrow