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Reasons
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(영문) 서울동부지방법원 2017.01.18 2016나22792
대여금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. In around 2003, the Defendant entered into a non-use agreement under the name of the Plaintiff and Seoul Songpa-gu D or E with respect to the use agreement under subparagraph 1, the use agreement under subparagraph 3-1, and the use agreement under subparagraph 3-1 around 2006, respectively, and paid KRW 2 million per each year as the usage fee.

B. Around July 2010, the Defendant transferred the right to use the above C-1 to I.

C. After the Plaintiff settled the usage fees for 2009, 2010 and 2011 of the instant vinyl, the Plaintiff sent a notice of payment demanding the Defendant to pay KRW 5 million each of the unpaid usage fees for Non-1 and special 3-1 by May 20, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 5, 12, Eul evidence Nos. 1, 2, Eul evidence No. 5-8, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion is the actual contractor of the instant vinyl Non-1, Nos. 3-1, C-1, and A-10. The unpaid user fees from Non-1, 3-1, and 2009 to 2011 respectively. The unpaid user fees from Non-1, 3-1, and 201 to July 201 are KRW 5 million, and the unpaid user fees from C-1-208 to July 201 are KRW 7 million in total.

Among them, 4 million won out of the usage fees referred to in A-10 is determined as a payment order of 2015 tea 1809 of this Court against H, which shall be deducted therefrom, and 10 million won paid by the Defendant is appropriated to any one side, the final unpaid usage fee of 8 million won (=20 million won - 4 million won - 10 million won). Thus, the Defendant shall pay it to the Plaintiff.

B. The Defendant’s assertion is the Defendant’s wife H, who is not the Defendant, is the contracting party.

The representative G of the Plaintiff received the transfer price from I, a transferee of C-1 on July 2010, and paid the remainder after deducting the unpaid user fee, so C-1 is unpaid.

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