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Reasons
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(영문) 전주지방법원 2017.10.11 2017가단11799
양수금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 5, 2012, the Defendant entered into a lease agreement with the content that part of the land-based buildings B and Seongdong-gu, Seoul Special Metropolitan City, KRW 50 million for lease deposit, KRW 10 million for rent, and KRW 50 million for lease term from September 5, 2012 to September 4, 2014 for lease.

B. On November 19, 2015, B notified the Defendant of the purport that “The amount of KRW 133,176,029, excluding KRW 156,823,971, which was paid by the Defendant by September 2015, and the amount of KRW 163,176,029, excluding KRW 156,823,971, which was paid by the Defendant by September 2015, and the amount of KRW 163,176,029, excluding KRW 30,000,000,000,000,000 for KRW 30,000,000,000,000 for KRW 133,176,029 and KRW 20,000,000,000 for KRW 156,015,00 for KRW 15,000.”

C. On January 19, 2016, B notified the Defendant of the fixed date with the purport that “F transferred the total amount of KRW 37,500,000,000 to F during the rent in November 2015, the rent in December 2015, and the rent in January 2016.”

The SB Savings Bank, a creditor of B, (hereinafter “SB Savings Bank”), was issued the Seoul Central District Court 2016Kadan33782 with the claim amounting to KRW 180 million with respect to the rent claim against the Defendant of B, and the provisional attachment order was served on March 24, 2016.

E. On April 14, 2016, the Plaintiff received KRW 45 million from B to April 2016 under the instant lease agreement with respect to the Defendant, and B transferred KRW 45 million to the Defendant the rent claim from February 14, 2016 to April 14, 2016.

“A notice with the fixed date is given.”

F. On August 26, 2016, the Defendant handed over the object of the lease contract to B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, Eul evidence 5-1, the purport of the whole pleadings

2. The Plaintiff’s assertion is KRW 45 million from B to the Defendant.

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