양수금 등
The defendant shall deliver to C the buildings listed in the attached list to C.
The costs of lawsuit shall be borne by the defendant.
1. On September 26, 2016, a corporation C (hereinafter referred to as “C”) which was implementing a housing construction project for D apartment buildings (the scheduled date of the inspection for use) entered into a lease agreement with the Defendant on a deposit amounting to KRW 157 million (hereinafter referred to as “instant apartment”).
On January 20, 2018, the Defendant entered into an agreement on the assignment of claims with the purport of transferring the above obligation to the Plaintiff for the payment of the obligation owed to the Plaintiff. Around that time, C notified of the above assignment of claims, and C accepted the above assignment of claims around that time.
On March 15, 2018, the Plaintiff provided a loan to the Defendant with a fixed interest rate of KRW 125.6 million and due date on March 15, 2020. At that time, the Defendant issued to the Plaintiff a letter of performance statement stating that “I wish to order the Plaintiff or the Plaintiff’s apartment in subrogation of the Plaintiff or the Plaintiff even within the lease term, even if any loss incurred to guarantee the lease deposit, such as the occurrence of the loss of the lease deposit due date, occurs, on behalf of the Plaintiff or the Plaintiff, and if necessary, will notify the lessor of the termination of the lease and promise that I do not raise any objection even after the termination of the lease.”
On March 15, 2018, the Defendant entered into a contract with C to renew the above lease on the apartment of this case.
C On March 21, 2018, the registration of ownership preservation for the apartment of this case was completed, and around that time, the Defendant received the full amount of the deposit for the lease deposit from the Defendant and delivered the apartment of this case to the Defendant.
Even after the lapse of March 15, 2020, the maturity date for the above loans against the Plaintiff, the Defendant failed to fully repay the above principal of the loan, and the Plaintiff filed the instant lawsuit against the Defendant, and the Defendant designated C as the opposing party to deliver the instant apartment.
[Reasons for Recognition] Unsatisfy, Gap 1-8 evidence, Eul 1-1.