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(영문) 인천지방법원부천지원 2015.12.24 2015가단112285 (1)

양수금

Text

1. The defendant shall deliver real estate stated in the attached list from A to the plaintiff at the same time at KRW 19,939,00.

Reasons

1. Facts of recognition;

A. On February 25, 2010, A leased the instant real estate from the Defendant with the lease deposit of KRW 19,939,00, KRW 153,00 per month, KRW 153,00 per month, and period of lease from April 30, 2010 to May 31, 2012 (hereinafter “instant lease contract”). At that time, A paid the Defendant KRW 19,939,00 as the lease deposit.

B. On May 14, 2010, the National Agricultural Cooperative Federation granted a loan of KRW 13,950,000 to A on May 14, 2010, with the rate of KRW 8.5% per annum on May 14, 2012 (after the due date extended to May 14, 2014) and damages for delay.

C. The National Agricultural Cooperative Federation, on May 3, 2010, transferred a lease deposit amount of KRW 19,939,00 to the Defendant to secure the repayment of the above principal and interest of loan, and notified the Defendant of the assignment of the above loan on May 3, 2010.

A fails to repay the principal and interest of the loan until the date of closing the argument in this case.

E. The lease agreement between the Defendant and A was terminated on March 1, 2014.

F. The Plaintiff comprehensively succeeded to the banking business of the National Agricultural Cooperative Federation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

2. According to the facts found above, since the lease contract of this case was terminated upon the expiration of the term, A is obligated to deliver the real estate of this case to the defendant, and at the same time, the defendant is obligated to pay from the 19,939,000 won of the above lease deposit to the plaintiff the remaining money after deducting all the claims, such as overdue rent and management fee, etc., which the defendant had against A in relation to the above lease contract between the defendant and A, from the date of completion of delivery

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.