(영문) 수원지방법원 2015.11.26 2014나32264

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Reasons

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(영문) 수원지방법원 2015.11.26 2014나32264

추심금

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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

1. Basic facts

A. On October 21, 2012, C entered into a lease agreement with the Defendant on a deposit of KRW 100 million, monthly rent of KRW 600,000 (in addition to value-added tax), from November 1, 2012 to October 31, 2014, and paid a deposit of KRW 100,000 (hereinafter referred to as “the said lease agreement”) to the Defendant, and operated the instant gas station from November 2, 2012 to November 2, 2012.

B. After that, between E and E on April 9, 2013, the Defendant entered into a lease agreement with regard to the instant gas station with a deposit of KRW 70 million, KRW 6 million per month, and period of lease from April 9, 2013 to April 8, 2014 (hereinafter “second lease agreement”).

C prepared a receipt that the Defendant received KRW 100 million from the Defendant, and the Defendant prepared a receipt that he received KRW 70 million from E.

C. On April 17, 2013, E registered the instant gas station with its place of business as its place of business and completed business registration at the competent tax office. On July 2, 2013, E discontinued the operation of the gas station, and the Defendant transferred KRW 42,763,00 to the bank account in the name of E.

On April 3, 2013, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) against KRW 41,50,000,000 from among the claim to return the deposit of this case, which C had against the Defendant, by a notary public of law firm No. 795 on April 2, 2012, based on the authentic deed No. 2013, Seoul Southern District Court No. 2013T, 2013. The said order was served on the Defendant, who is the garnishee on May 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 2 and 4-1, 2, Eul evidence Nos. 5 and 6, and the purport of whole pleadings.

2. Judgment on the parties’ assertion

A. Whether the second lease contract is null and void due to a false declaration of agreement

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