(영문) 수원지방법원 평택지원 2018.02.23 2017가단808

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(영문) 수원지방법원 평택지원 2018.02.23 2017가단808

추심금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of wholesale and retail business, etc., and the oil price that was not supplied to Nonparty E by June 30, 2013 is a total of KRW 94,052,00 (including surtax).

B. On June 24, 2010, E leased the instant building owned by the Defendant from the Defendant to KRW 130 million as the lease deposit, from July 1, 2010 to June 30, 2012, from the lease term to June 30, 2012, E operated a gas station with the trade name of “F gas station” at a monthly rent of KRW 8.8 million, while concluding a renewal contract for the extension of the period, E deducted the monthly rent from KRW 5 million.

C. On November 20, 2013, Nonparty D entered into a lease agreement with the Defendant to lease the instant building by setting the lease deposit of KRW 130 million, the period from November 26, 2013 to November 25, 2015, and the monthly rent of KRW 6.6 million (including surtax).

The Plaintiff filed a lawsuit against D for revocation of fraudulent act (hereinafter “instant prior lawsuit”) with the Incheon District Court Decision 2013Kadan9965, and the said court revoked the lease transfer agreement between D and E on November 20, 2015 within the scope of KRW 94,052,00. D shall be revoked within the scope of KRW 94,00 under the lease agreement as of November 20, 2013. D shall transfer the lease deposit claim against the Defendant under the lease agreement as of the instant building to E within the scope of KRW 94,052,00 and notify the Defendant of the said assignment of the said assignment of claim. The said judgment became final and conclusive on September 12, 2015.

E. On June 3, 2015, D agreed with the Defendant on November 20, 2015, to waive the Defendant’s claim for the return of lease deposit against the Defendant under a lease agreement with the Defendant on November 20, 2013 regarding the instant building in order to compensate for the Defendant’s loss caused by illegal operation of gas stations, such as sales below D’s net quantity.

(F) The Plaintiff filed the instant lawsuit against the Defendant on January 20, 2017, and KRW 116,09,755.

유사 판례

-수원지방법원 2018.10.12 2018나59274

-대법원 2019.03.14 2018다284929

-수원지방법원 2019.07.25 2019나60196

-수원지방법원 2016.04.14 2015나39088

-대법원 2019.3.14.선고 2018다284929 판결