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(영문) 서울중앙지방법원 2014.12.12 2013가단263284

양수금 등

Text

1. The Plaintiff:

A. Defendant A shall have the real estate listed in the separate sheet against the Korea Land and Housing Corporation.

Reasons

1. Facts of recognition;

A. A. On January 17, 2012, MSS Mutual Savings Bank extended a loan of KRW 22,600,000 at interest rate of KRW 8% per annum (interest rate of 18% per annum) to B, and around that time, Defendant A guaranteed a loan to the above bank within the scope of KRW 28,80,000.

B. Meanwhile, on January 12, 2012, Defendant A leased deposit amounting to KRW 27,000,000 with respect to real estate stated in the separate sheet from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and the monthly rent of KRW 170,000 from March 1, 2012 to February 28, 2014.

On January 17, 2012, Defendant A transferred to the above bank the right to claim the refund of the deposit under the above lease agreement in order to secure the obligation described in the above paragraph (a), and notified the Defendant Corporation of the assignment of the claim on the same day.

C. On June 27, 2013, the Plaintiff acquired the claim mentioned in the above paragraph (a) above and the claim for the return of the deposit against Defendant A’s Defendant Corporation, and notified the Defendant Corporation of the transfer of the claim on June 28, 2013 upon delegation by the said bank.

B and Defendant A have not paid the claims described in the above paragraph (a) until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The plaintiff asserts that as the creditor of the defendant A, the lease contract between the defendant A and the defendant Corporation is terminated. However, it is apparent that the lease contract between the defendants has expired.

Therefore, Defendant A is obligated to deliver the real estate indicated in the attached list to Defendant A to the Defendant Corporation, and the Defendant Corporation is also obligated to pay the Plaintiff deposit amounting to KRW 27,00,000,000, along with the delivery of the said

Meanwhile, the Defendant Corporation should deduct the rent, etc. in arrears of Defendant A from the above KRW 27,00,000.

Although Defendant A’s claim for the return of rental deposit against Defendant A’s Defendant Corporation was asserted to the effect that the pledge of the AB Savings Bank was established, the rent in arrears by Defendant A.