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(영문) 서울중앙지방법원 2021.03.26 2020가단16837

대여금 등 청구의 소

Text

1. Defendant B:

A. From April 28, 2020 to May 20, 2020, KRW 14,291,815 among the Plaintiff and KRW 14,292 among the Plaintiff and KRW 14,291,815.

Reasons

1. Facts of recognition;

A. On October 31, 2017, Defendant B leased the real estate listed in Nonparty D and E’s attached Form KRW 200 million for the deposit, monthly rent KRW 600,000 for the period, and December 15, 2019. Defendant C succeeded to the status of the lessor upon donation of the instant real estate on September 3, 2018.

B. On April 21, 2018, Defendant B transferred to the Plaintiff the right to return the deposit to the said Nonparty, and notified the transfer on the same day.

(c)

On May 11, 2018, the Plaintiff extended a loan of KRW 24,000,000 to Defendant B by setting the interest rate of KRW 7% per annum and the due date of repayment by November 25, 2019.

(d)

On April 27, 2020, the principal of the loan as of April 27, 2020 is 14,291,815 won, interest is 382,67 won, and delay is 10% per annum.

【Defendant B: Defendant C with the evidence of Nos. 1 through 9

2. Determination

A. As to Defendant B, Defendant B, first of all, is obligated to repay the loan principal to the Plaintiff.

Meanwhile, even if there exists an explicit or implied agreement between a lessor and a lessee regarding the renewal of a lease agreement or extension of the contract period after the lessor was notified of the transfer of the claim for return of deposit, the effect of such agreement does not affect the transferee of the claim for return of deposit (see Supreme Court Decision 88DaDa4253, 4260, Apr. 25, 1989). As the lease agreement on the instant real estate terminated as of December 15, 2019, Defendant B is obligated to deliver the instant real estate to the Defendant upon the subrogation claim.

B. As to Defendant C, Defendant C is obligated to jointly pay the amount equivalent to the above loan doctrine to the Plaintiff who received the transfer of the said loan doctrine out of the deposit amount of KRW 200 million with Defendant B.

3. Accordingly, the plaintiff's claim is reasonable.