양수금
1.The judgment of the first instance shall be modified as follows:
The defendant is Dong Dong-dong, Dongjak-gu, Seoul.
1. Basic facts
A. On September 25, 2010, the Defendant leased the lease deposit amount of KRW 80,000,000, and the lease term of KRW 30,000 from October 30, 2010 to October 30, 2012 to the Dongjak-gu Seoul Metropolitan Government (hereinafter “instant real estate”).
(hereinafter referred to as the "Lease of this case")
B took out 56,00,000 won from the Plaintiff on April 14, 2011, it approved that the basic terms and conditions of credit transaction apply, and agreed to 9.8% per annum and overdue interest rate 25% per annum.
C. On April 15, 201, the Plaintiff: (a) transferred the claim for the refund of the lease deposit in this case from B; (b) around that time, the Plaintiff sent a manual stating that the Defendant as the receiver of the instant claim is KRW 56,00,000,000; and (c) thereafter, the notice of the transfer of claims in B’s name was served on the Defendant on June 9, 2014, along with the instant complaint.
On October 30, 2012, the Defendant concluded a lease agreement with B again between KRW 80,00,000 for the instant real estate and the lease term from October 30, 2012 to October 29, 2014.
E. Meanwhile, as of May 26, 2014, the Plaintiff’s loans against B remains in total of KRW 45,216,760 and interest KRW 12,090,320 and interest KRW 57,307,080.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 3, Gap evidence 2-1, 2, 4, Eul evidence 1, and the purport of whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion is the cause of the instant claim. On April 15, 201, the Plaintiff asserted that the instant lease was terminated on October 30, 2012 on the premise that the Defendant received the notification of transfer of the right to refund the lease deposit of this case, and sought payment against the Defendant as the assignee of the right to refund the lease deposit of this case, equivalent to the principal and interest of the Plaintiff’s loan claim against B among the lease deposit of this case, and the Defendant filed the instant lawsuit.