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(영문) 대구지방법원 2015.11.18 2015나4809
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 31,500,000 for the Plaintiff and its related thereto from January 6, 2014 to January 14, 2014.

Reasons

1. Basic facts

A. On June 25, 2010, the Defendant entered into a lease agreement with C by setting the lease deposit amount of KRW 60 million and the lease deposit amount of KRW 102,00,000 and KRW 2,000,000, which are owned by the Defendant (hereinafter “instant real estate”), and received from C around that time.

(hereinafter referred to as “the lease of this case”) B.

On January 14, 2013, the Plaintiff filed a complaint against C by deceiving the Plaintiff and deceiving the Plaintiff KRW 25 million from the Plaintiff. On January 18, 2018, the Plaintiff completed provisional attachment with the claim amount of E vehicles, which the Plaintiff had worked in the name of the Seo-gu District Court of the Daegu District Court in the name of the Seo-gu District Court of the Daegu District in the name of the inter-U.S. L. L.I.D. in the name of the inter-U.S. in the inter-U.S. A.T.T.

(F) The Daegu District Court 2013Kadan127, hereinafter referred to as the "provisional attachment of this case").

C When the above criminal facts were prosecuted and subject to criminal punishment, C transferred to the Plaintiff on April 30, 2013 the right to return KRW 31.5 million out of the deposit of the lease of this case 60 million to the Plaintiff, and the same year.

5.6. On the 15th of the same month, the plaintiff notified the defendant of the assignment of the above assignment, and the plaintiff released the provisional seizure of this case.

[Grounds for recognition] The Defendant, at the first date for pleading of the first instance trial, stated the written response as of February 21, 2014, and the written brief as of April 28, 2014 at the third date for pleading of the first instance trial, concluded the instant lease agreement with C on June 25, 2010 by setting the lease deposit of KRW 60 million, and the lease term of this case as two years with C on June 25, 2010, but again concluded the lease agreement after the expiration of the lease term of this case by changing the lease term of KRW 10 million, and KRW 50 million from the lease deposit of this case into KRW 7 million from the end of the lease term of this case, returned to C, and all of the lease deposit of this case was deducted from monthly rent of KRW 10 million and arrears of public charges. Therefore, there is no further reduction in the lease deposit to C.

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