임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
.A loan of KRW 00,000 to the debtor and the debtor borrowed this;
Article 2 (Time Limit and Method of Performance) Debtors shall pay to creditors 90,000,000 won of the borrowed money under the preceding Article by June 30, 2019 in lump sum.
Article 3(Interest) No interest shall accrue.
(A) Article 9 (Recognition and Recognition of Compulsory Execution) recognizes that there is no objection even if a compulsory execution is conducted immediately when an obligor fails to perform a pecuniary obligation under this contract.
Article 10 (Transfer and Takeover of Claim) The obligor transferred to the obligee on September 19, 2018 and the obligee acquired the claim described in the separate sheet that he has against the garnishee B in order to discharge this obligation.
The debtor: G creditor: A2) On September 19, 2018, the plaintiff prepared a receipt with the following contents to the defendant (Evidence No. 3-2). Receipt A shall receive 150,000,000 won on September 19, 2018 (resumed temporarily due to temporary payment) while he/she received 150,000,000 won on September 19, 2018 (resumed temporarily due to temporary payment): G (Signature * F underwriter) witness.
C. In full view of the following circumstances revealed from the facts acknowledged earlier, the Defendant’s obligation to return the lease deposit under the instant lease agreement to the Plaintiff ought to be deemed to have ceased to exist pursuant to the duty of obligation assumption among the Plaintiff, the Defendant, and the G.
The defendant's defense pointing this out is with merit, and the plaintiff's claim is without merit.
① Of the instant lease deposit, the Plaintiff prepared a notarial deed of a monetary loan agreement with the purport that G shall receive KRW 60,000,000 from G and pay the remainder of KRW 90,000 to the Plaintiff.
② In concluding the said monetary loan agreement, the Plaintiff entered into a contract on the transfer of the deposit repayment claim under the instant second lease agreement against the Defendant in order to secure the obligation arising therefrom.
③ The Plaintiff was fully refunded the lease deposit under the instant lease agreement to the Defendant.