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(영문) 대구지방법원서부지원 2015.06.18 2015가합5164
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On January 19, 2004, the Plaintiff filed an order to pay the agreed amount claim with the Daegu District Court 2003 tea70326, and issued a payment order with the purport that “E shall pay to the Plaintiff the amount of KRW 85,00,000 per annum from July 23, 1997 to the service date of the payment order, 19% per annum, and 20% per annum from the next day to the day of full payment (hereinafter “instant payment order”). The above payment order was served on February 13, 2004 and confirmed on the 28th day of the same month.

B. On November 30, 2009, E entered into a real estate lease agreement with Defendant B with the term of 30,000,000 won for the lease deposit, 700,000 won for the rent, and 29, for the term of 30,000,000 won for the lease deposit (hereinafter “instant lease agreement”) from November 30, 2009 to November 29, 201.

C. The Plaintiff, with the title of execution, received each of the claims seizure and collection orders (hereinafter referred to as “instant collection order,” and individually referred to as “net collection order,” and each of the above collection orders was served on the garnishee at that time. Each of the above collection orders was served on the garnishee at that time.

On February 18, 2010, on February 19, 2010, the third debtor's claim 1 Daegu District Court 2010TTTTT 2010TT 2010TT 2010TT 2814 on February 19, 2010, the date of issuance of the case number No. 33 debtor's claim 2010TT 2017 on February 19, 2010.

D. However, regarding the store of this case, the lease contract (the detailed contents are the same as the lease contract of this case) with the lessor as Defendant B, and the lessee as Defendant C with the employee of another restaurant operated by E was written on February 1, 2010, but the above lease contract was actually executed by Defendant C.

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