logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.07.07 2015가합62954
근저당권말소
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is KRW 150,951,500 from the Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On January 15, 2013, the Plaintiff leased the instant Moel to C by setting the lease deposit amount of KRW 500 million, monthly rent of KRW 40 million (including value-added tax, and payment on the last day of each month), the lease term from January 21, 2013 to December 31, 2014.

(hereinafter “instant lease agreement”). B.

D In the process of concluding the instant lease agreement, the Plaintiff loaned KRW 500 million to C, and was paid part of the proceeds from the operation of the instant Moel, and paid KRW 500 million to the Plaintiff on January 15, 2013 on behalf of C.

C. On January 17, 2013, the Plaintiff set up the instant right to collateral security with respect to the instant telecom with the maximum debt amount of KRW 500 million.

D) On January 2014, 2014, the first police officer agreed to resign from the instant Moel investment, and C requested E to identify the person who will make an investment in the instant Moel investment.

E. Upon introducing C through E, the Defendant’s husband F and the Defendant’s husband F deposited KRW 500 million in the new bank account under the Plaintiff’s name on the same day as the interest rate of KRW 18% per annum on March 3, 2014 and the due date of repayment on December 31, 2014. The Plaintiff deposited KRW 500 million in the Defendant’s account. Upon deposit of KRW 500 million from the Defendant, the Plaintiff transferred KRW 500 million to D.

F. On March 3, 2014, D entered into a contract with the Defendant on the transfer of the instant mortgage to the Defendant, which caused KRW 500 million of the lease deposit for the instant franchise, and on March 4, 2014, D sent to the Plaintiff a written notice of collateral security and of assignment of the claim to the Defendant, stating that the instant right to collateral security and the instant right to collateral security, which are the instant claim secured, are transferred KRW 500 million to the Defendant.

G. On March 4, 2014, on the instant telecom, the Suwon District Court rendered an additional registration with regard to the transfer of the right to collateral security (No. 23897), which was received on March 4, 2014, on the ground of the transfer of the confirmed claim by the Defendant on March 3, 2014.

H. C Following the termination of the instant lease agreement, January 1, 2015.

arrow