양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 24, 2013, the Defendant leased the 6th floor of the Gangnam-gu Seoul Metropolitan Government C building to the Defendant by July 31, 2015 after receiving KRW 100 million as lease deposit.
On September 11, 2014, the Plaintiff acquired the right to refund the lease deposit from B.
B notified the Defendant of the fact of the transfer and takeover of claims on the same day, and the notification reached the Defendant on the following day.
B later delivered the leased object to the Defendant.
[Reasons for Recognition: The authenticity of each of the statements and arguments in Gap evidence Nos. 3 and 4 (Evidence Nos. 5 through 7-1, 2, 3, and 10 of Gap evidence may be acknowledged in light of the whole purport of the arguments and facts without dispute.
(2) The grounds of appeal No. 1
2. The plaintiff's assertion is obligated to pay KRW 100 million to the plaintiff the acquisition amount of the lease deposit refund claim.
3. Where a third party takes over a claim from a creditor, the obligor may set up a special agreement against the assignee who is aware of the existence of the special agreement prohibiting the assignment of claim or against the assignee who is grossly negligent when he/she was unaware of the existence of such special agreement, and the term "large negligence" in this context refers to the failure to know the existence of such special agreement because he/she did not exercise due care, even if he/she did not pay considerable attention to the extent required of ordinary persons, if he/she did not easily exercise due care
(see, e.g., Supreme Court Decision 2010Da8310, May 13, 2010). Article 6 of the lease agreement (i.e., evidence No. 2, total quantity is 7 pages and 23 clauses) entered into between the Defendant and B stipulates that if B transfers a third party’s right under this contract, it may be done under the written consent of the Defendant.
On September 11, 2014, the Plaintiff acquired the right to refund the lease deposit from B, and received the lease contract.
[Reasons for Recognition: Whether there is no dispute between the parties, or the whole purport of the pleadings is the lease agreement. The parties' evidence Nos. 5 through 7-1, 2, 3, and 10 of the evidence, and the purport of the whole pleadings).