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1. It was concluded on October 1, 2014 between Co., Ltd and Defendant A Co., Ltd. with respect to each real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On December 27, 2005, the Plaintiff filed a lawsuit against C for a loan claim (Tgu District Court 2005Da135710) and on June 23, 2006, the Plaintiff’s claim against C was finalized on June 23, 2006, that “the Defendant shall pay to the Plaintiff 6,491,280,000 won with 14% per annum from January 30, 2001 to December 31, 2003, 7% per annum from the next day to April 6, 2006, and 20% per annum from the next day to the date of full payment (hereinafter “prior judgment”). The preceding judgment became final and conclusive on July 22, 2006.
B. 1) Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on October 1, 2014
(2) Each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”)
The Defendant Co., Ltd leased each of the instant real estate to Defendant B on the same day, and the same day from October 1, 2014 to September 30, 2016, set the lease deposit amount of KRW 500,000,000, monthly rent of KRW 33,075,000. (2) C drafted a lease agreement between the Defendant Co., Ltd and the Defendant Co., Ltd from December 1, 2015 to November 30, 2034 as the lease term of KRW 1,00,000 (no rent).
(C) On December 1, 2015, the date when the lease contract was entered into between C and the Defendant Co., Ltd., but the date when the lease contract was entered into for the first time is October 1, 2014). (3) The Defendant Co., Ltd. did not have paid the lease deposit to C, and the Defendant Co., Ltd has received monthly rent of KRW 33,075,000 from Defendant B in accordance with the sublease contract set forth in the above paragraph (1).
C. There is no dispute between the parties as to the fact that the insolvent C was in excess of the debt at the time of leasing each of the instant real estate to the Defendant Company.
[Reasons for Recognition] Defendant 1: A without dispute, Gap 1, 2, 3, Gap 4-1 through 10, Gap 5's statement, the purport of the whole pleadings, defendant 2: Confession (Article 150 (3) and (1) of the Civil Procedure Act)
2. Claim against the defendant corporation
A. Regarding the main defense of safety.