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(영문) 의정부지방법원고양지원 2015.05.08 2014가단23631

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D, on September 4, 2007, delivered respectively to the Plaintiff, a credit service provider, a promissory note of KRW 10 million at face value, KRW 24 million at face value, around September 2007, and KRW 60 million at face value on December 14, 2007.

B. On November 5, 2007, the Defendant prepared and delivered to D a lease agreement with the content that deposit money would be KRW 140 million, and the period from November 28, 2007 to 24 months for the lease of the apartment Nos. 1501 (hereinafter “instant apartment”) with the Defendant and the selector C (hereinafter “the lease agreement of this case”).

The above lease contract contains the signature and seal of representative G of F real estate as a broker.

C. On December 14, 2007, D entered into an agreement on the assignment of claims (hereinafter “transfer of claims of this case”) with the purport to transfer KRW 80 million out of the instant lease deposit to the Plaintiff, and on the same day, D sent the Defendant a certificate of content with the address under the Incheon Bupyeong-gu H building 507 Dong1504, Bupyeong-gu, Incheon, but did not reach the Defendant’s residence.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 9 (including each number), and the purport of the whole pleading

2. Determination

A. On August 19, 2008, the Plaintiff had a loan claim of KRW 59.3 million with interest as of August 19, 2008, and KRW 2.420,000 with the loan claim of KRW 80,000 won as of September 15, 2008. The Plaintiff was assigned the claim of KRW 140,000,000 with the Defendant as the transfer contract of this case from D on December 14, 2007, under the condition that the loan claim of KRW 80,000,000 with interest was not paid any more than KRW 5,9.3 million with the loan claim of KRW 2,420,00,000 with the loan claim of this case from D on December 14, 207. In addition, since the Selection C is a co-owner of the apartment of this case, the Plaintiff is jointly and severally liable for the return of the above lease deposit, even if the contract of this case is null and void.