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(영문) 광주고등법원 2015.01.28 2014나2494
보증금 등
Text

1. At the request of the plaintiff that has been changed in exchange at the trial, the records in the annexed Table C between the defendant and C shall be recorded.

Reasons

1. Basic facts

A. From July 6, 2011, C began to operate the Mat of the trade name “E”, on a deposit of KRW 70 million and monthly rent of KRW 5.6 million, among the buildings located in Gwangju Mine-gu, from G around July 6, 201.

At the time, C entered into the above lease contract under the name of Dong-in F, and completed the registration of Eart's business under the name of F.

B. From July 2011, the Plaintiff set the due date to C on August 5, 2012 and lent a total of KRW 37 million over several occasions.

C On August 5, 2012, the Plaintiff delivered to the Plaintiff a written note of payment that the said borrowed loan will be repaid by December 5, 2012, and on August 7, 2012, the Plaintiff transferred to the Plaintiff the right to refund KRW 37 million out of the deposit for lease in order to repay the said borrowed loan.

C. The Defendant’s business registration as security is to lend C KRW 70,000,000 to C, and completed the business registration with the trade name of “E” at the same place under the name of the Defendant around September 18, 2012.

(E) “E” was reported for the closure of business as of October 4, 2012, but the said marina and “E” were identical to the entity, and thus, the said Ete and “E” did not distinguish this two. Accordingly, on September 20, 2012, the Defendant loaned KRW 20 million to the G account, which is a lessor of the instant Et building, KRW 20 million, and on September 27, 2012, the amount of KRW 29 million to the F account on October 16, 2012, and the amount of KRW 20 million to the F account on October 16, 2012, and lent KRW 30 million to C by means of paying KRW 1 million in cash to F on October 16, 2012.

On February 25, 2013, the Defendant completed the business registration of H, “K” in the name of the Defendant’s father’s father at the same place. On April 15, 2013, the Defendant received from C the transfer of facilities and goods within the instant marina (hereinafter “instant transfer agreement”) by payment in lieu of the claim amounting to KRW 70 million (hereinafter “instant facilities, etc.”) from C (hereinafter “instant transfer agreement”).

The instant Mart reported on April 15, 2013.

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