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(영문) 수원지방법원 2015.07.21 2015가단17346
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Grounds for claim;

A. [Lease Contract with the Defendant] A Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) (hereinafter “Non-Party Co., Ltd”) entered into a lease agreement with the Defendant on May 1, 2012, with the lease deposit amounting to KRW 302,50,000 from May 1, 2012 to the time of removal of the building, the lease deposit amount was paid to the Defendant, and the leased object was ordered by paying KRW 302,50,000 to KRW 302,50,000,000, and the leased object was also ordered at that time.

B. [The monetary claim relationship between the Plaintiff and the non-party company] The non-party company (G, following D, was appointed to the representative director as of June 24, 2013) borrowed money from the Plaintiff, and the Plaintiff promised on June 18, 2014 to pay KRW 116,50,000 to the Plaintiff by September 15, 2014, and H guaranteed the obligation of the non-party company to the Plaintiff.

C. [Attachment of Claim Transfer Agreement and Notice of Assignment] On June 30, 2014, the Plaintiff: (a) from the non-party company on the part of the claim for the refund of the lease deposit amount of KRW 302,50,000 from the non-party company to the Defendant.

On March 16, 2015, the non-party company received the claim equivalent to the amount of money stated in the claim, and notified the defendant of the assignment of the claim with the fixed date.

Grounds for Recognition: Facts without dispute, entries in Gap, 1, 2, 3, 5, 6, and 7, the whole purport of the pleading

2. The defendant's assertion

A. The facts of recognition 1) [the relationship between D and the Defendant] D borrowed KRW 300,000,000 from the Defendant on May 1, 2012, under an agreement from the Defendant on December 31, 2013 without any interest agreement, as the due date for repayment on December 31, 2013. 2] D as the representative director of the non-party company, and as the representative director of the non-party company, D deposited the borrowed amount as stated in the above paragraph 1) into the provisional deposit of the non-party company, and D deposited the amount as stated in the above paragraph 1) with the non-party company (the representative director of the non-party company was subject to the claim of KRW 309,697,610 as the provisional deposit of KRW 300,000,000,000 for the non-party company.

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