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(영문) 의정부지방법원고양지원 2014.10.31 2013가단14715

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 6, 201, the Defendant entered into a lease agreement with Nonparty B and Nonparty B on the entire underground (hereinafter “the leased object of this case”) among the buildings located in Gunposi-si, Gunposi-si (hereinafter “instant lease agreement”) with KRW 100,000,000 for the lease deposit, KRW 5,000 for the monthly rent, and KRW 5,000,000 for the lease term from October 6, 201 to September 5, 2012 for the lease term (hereinafter “instant lease agreement”). Nonparty B paid the Defendant KRW 100,000 for the lease deposit at that time.

Meanwhile, according to the special terms and conditions stipulated in the instant lease agreement, the non-party B bears the burden of increased property tax, public charges, management expenses, and additional tax on monthly rent, etc. arising from the operation of amusement facilities in the leased object of this case.

B. On March 21, 2012, the Plaintiff engaged in credit business loaned KRW 50,000,000,000, in total, around May 29, 2012 to Nonparty B, and around KRW 10,000,000.

C. Nonparty B transferred to the Plaintiff the claim for refund of the lease deposit amounting to KRW 100,00,000 upon the termination of the instant lease contract for the purpose of securing the above loan obligation against the Plaintiff. The Defendant, without objection, signed and sealed the lessor’s transfer consent (hereinafter “the instant consent”) to the effect that the said assignment of claim is approved, and the written consent of the Plaintiff is stipulated in paragraph (2) of the same Article.

2. As of the date of this transfer approval, the lessor (as of the date of this transfer approval) does not have any unpaid amount such as monthly rent, management expenses, taxes and public charges, etc. with respect to the following matters against the lessee (as of the date of sub-lease B), (i) monthly rent, management expenses, taxes and public charges, etc., and (ii) the transferred lease deposit assumes that there is no fact of sub-lease or transfer to others, offer as security, seizure, etc., nor any fact of the occurrence of any defect in rights such as sub-lease, double transfer, security to others, etc., and there is no notification from financial