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(영문) 서울북부지방법원 2019.04.26 2018가단16093

양수금 등

Text

1. Defendant B:

A. The Plaintiff shall be fully paid KRW 22,963,512 and KRW 18,900,00 among the costs and the amount of KRW 22,963,512 from May 29, 2018.

Reasons

1. Facts of recognition;

A. On April 18, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C Corporation (hereinafter “Defendant C Corporation”) on the lease deposit amounting to KRW 22,340,00, monthly rent amounting to KRW 246,500, and the lease terming to January 31, 2016 (hereinafter “instant lease agreement”). Since then, the instant lease agreement was renewed as of January 15, 2016, with the lease deposit and monthly rent being the same as that of the existing and as of January 31, 2018.

B. On May 19, 2015, Defendant B obtained a loan of KRW 18,900,000 (interest rate of KRW 8.9% per annum, March 31, 2016, interest rate of KRW 24% per annum, and interest rate of delay damages (hereinafter “instant loan”).

After the renewal of the instant lease agreement, the repayment period of the instant loan was postponed by January 31, 2018.

C. On May 19, 2015, Defendant B transferred the right to refund the lease deposit under the instant lease agreement to the Nonparty Company to secure the payment of the instant loan.

On May 20, 2015, the non-party company delegated the authority by the defendant B expressed its intention to transfer the claims to the defendant corporation, and the defendant corporation received the above declaration of intention around that time.

On the other hand, on February 28, 2018, the Plaintiff acquired the instant loan claim against Defendant B from Nonparty Company and the right to return the lease deposit under the instant lease agreement.

On March 16, 2018, Nonparty Company expressed its intent to transfer each of the above claims to the Defendants, and the Defendants received the above declaration of intention around that time.

E. As of May 28, 2018, Defendant B’s agreement interest or delay damages related to the instant loan amounting to KRW 4,063,512 in total (i.e., KRW 1,478,614).

[Reasons for Recognition] Defendant B: The fact that there is no dispute over the Defendant Corporation.