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(영문) 수원지방법원 2018.10.12 2018나59274
추심금
Text

1. The following part of the judgment of the court of first instance shall be revoked:

On June 3, 2015, between Defendant and D.

Reasons

1. Basic facts

A. The Plaintiff’s claim against E is a corporation established for the purpose of wholesale and retail business of petroleum, etc., and the oil price that was not supplied to E by June 30, 2013 is KRW 94,052,00 (including surtax).

B. On June 24, 2010, E entered in the separate list owned by the Defendant on June 24, 2010 (hereinafter “instant building”).

(2) A lease deposit was leased from July 1, 2010 to June 30, 2012, with a lease deposit of KRW 130 million, and from July 1, 2010 to June 30, 2012 (including value-added tax) to operate a gas station with the trade name of “F gas station” at that place, and D reduced the rent by five million won per month when concluding a renewal contract extending the period. (2) D agreed to obtain the status of the above lessee from E on November 20, 203, the instant building was leased from the Defendant to KRW 130 million, the period from November 26, 2013 to November 25, 2015, and the rent of KRW 600,000 (including value-added tax) was paid as the lease deposit in lieu of the lease deposit.

C. The Plaintiff filed a lawsuit against D for the revocation of fraudulent act (hereinafter “instant prior lawsuit”) with the Incheon District Court 2013Kadan9965, and the said court rendered a ruling that “D and E shall not exceed KRW 94,052,000 on August 25, 2015, the lease transfer agreement between D and E concerning the instant building entered into on November 20, 2013. D shall be revoked within the scope of KRW 94,052,00. D shall transfer to E the right to return the lease deposit against the Defendant under the lease agreement as of November 20, 2013 on the instant building within the scope of KRW 94,052,00, and shall notify the Defendant of the said assignment of claim.” The said ruling became final and conclusive on September 12, 2015.

The Agreement 1D, June 3, 2015, to compensate the Defendant for the damages caused by the Defendant’s illegal business of gas stations, including sales below D’s net quantity, etc.

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