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(영문) 인천지방법원 2015.02.16 2014가단212437

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 10,015,975 as well as 6% per annum from September 30, 2013 to February 16, 2015.

Reasons

1. Basic facts

A. On June 20, 2012, ASEAN Co., Ltd. (the trade name before the alteration: the Committee; hereinafter referred to as “non-party company”) leased part of 1,421.49 square meters (hereinafter referred to as “instant real estate”) of a building for factory site B in Nam-gu Incheon Metropolitan City from the Defendant during the period from June 20, 201 to June 11, 206, deposit money of KRW 116,000,000 for monthly rent of KRW 11,60,000 for monthly rent of KRW 11,60,000 for monthly rent of KRW 12,00 for the period from June 30, 2012 to June 29, 2014

(hereinafter referred to as the “instant lease contract”) B.

On July 22, 2013, Nonparty Company transferred KRW 22,572,00 among the lease deposit claims under the instant lease agreement to C (D Company). On July 23, 2013, Nonparty Company notified the Defendant of the said assignment of claims.

At that time, the notification of the assignment of claims was served on the defendant.

In addition, the non-party company transferred the right of lease under the instant lease agreement to E on August 16, 2013, and notified the defendant of the transfer on September 3, 2013.

Around that time, the above notification was served on the defendant.

C. Meanwhile, among the attached Table 1, the non-party company stated that the rent of 12,760,00 won for June 1, 2013, electricity tax, management fee, 4,338,972 won, and rent of 12,760,000 won for July 2013, 2013, electricity tax, management fee of 1,96,534 won, and rent of 12,760,000 won for August 2013, 2013, electricity tax, management fee of 1,759,204 won, and waterworks tax of 30,000,000 won for the portion from May 20, 2013 to September 20, 2013 (the plaintiff had the first date for preparatory pleading from August 20, 2014 to waterworks tax of 5, 2013, including the above waterworks tax of 46,7464,700

After the non-party company moved out from the real estate of this case, the defendant spent 1,650,000 won for the restoration of the electric power plant to the original state, and 3,850,000 won for the restoration of the cancer from among the attached Table 1.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 5, Eul's evidence 1, Eul's evidence 2-1 and Eul's whole statement and the purport of the whole pleadings

2. Determination:

A. The assertion and key issues (1) the Defendant’s assertion (A) are the Plaintiff around September 2, 2013.