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(영문) 서울중앙지방법원 2019.07.24 2018나72842

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Facts of recognition;

A. On July 2, 2009, with respect to the apartment E (hereinafter “instant apartment”), the Defendant drafted an apartment lease agreement (Evidence 1-3) with the following purport: (a) the lessee was the Defendant, the lessor was C; (b) the deposit was KRW 30,00,000; (c) the monthly rent was KRW 500,000; and (d) the lease term was from July 31, 2009 to July 31, 201, with the content that the lease agreement was concluded (hereinafter “instant lease agreement”).

B. After that, on July 24, 2011, the Defendant and C drafted a real estate lease agreement (Evidence A 1-4) with the purport that the above lease term shall be extended to two years from the expiration date of the contract, and the rent shall be increased to 650,000 won per month.

(hereinafter “instant lease agreement”) written in accordance with the instant lease agreement (hereinafter “instant lease agreement”).

On the other hand, as the Defendant’s Cho Jong-man F was in bankruptcy while operating the tegrative construction business with the trade name of Co., Ltd., and the Plaintiff was supplied with goods necessary for the construction and did not pay the price, the Defendant’s claim for the refund of security deposit (hereinafter “instant claim”) under the instant lease agreement against the Plaintiff to secure the above goods payment obligation. D.

Accordingly, H and F, who are the Plaintiff’s employees, found the two uniforms that the Defendant works on January 7, 2012. On January 7, 2012, the Defendant: (a) stated the transferor as the Defendant and the transferee as the Plaintiff; and (b) signed and sealed the transferor as the Plaintiff; and (c) agreed to transfer the instant claim to the Plaintiff as the payment for the goods that the Plaintiff should pay to the Plaintiff; and (d) in this case, the Defendant issued a certificate of personal seal impression issued directly by the Idong Office of Jung-gu, Seoul. < Amended by Presidential Decree No. 23283, Oct. 7, 2011>

E. In addition, the sender is the defendant, and C is the receiver, and the assignment notice with a fixed date of assignment with the purport that the claim of this case was transferred to the plaintiff is transferred to the plaintiff.