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(영문) 서울동부지방법원 2017.06.28 2014가단126217
손해배상(기)
Text

1. The Plaintiff:

A. Defendant D shall pay KRW 50,000,000 as well as 30% per annum from November 27, 2013 to the date of full payment.

Reasons

1. Facts recognized;

A. Defendant E purchased the instant apartment from G on August 13, 2013, and completed the registration of ownership transfer. (2) Defendant D and E drafted a lease contract for the instant apartment from September 30, 2013 to September 29, 2015, for the period from September 30, 2013 to September 2015.

However, D did not pay the deposit to E, and even did not reside in the apartment of this case.

B. On November 27, 2013, the Plaintiff loaned KRW 50,000,00 to Defendant D with interest rate of KRW 2.5% per annum (30%) and the period from November 27, 2013 to January 26, 2014.

D In order to secure the above borrowed loan obligation, D has prepared a bond transfer contract with the content of transferring the claim for the refund of KRW 75,000,000 among the 140,000,000 of the apartment lease deposit of this case to the Plaintiff.

In the same place, Defendant E prepared and provided to the Plaintiff a written consent to the assignment of claims with the content of accepting the assignment of claims above.

C. On October 30, 2013, Defendant C agreed to lend KRW 90,000,000 to Defendant D, respectively, and paid KRW 10,000,000 on the same day, and KRW 80,000,000 on November 5, 2013. D transferred the right to return KRW 90,000,000 out of the instant apartment lease deposit to Defendant C on October 30, 2013, and Defendant C issued the document of establishing the right to collateral security regarding the instant apartment on December 24, 2013.

(1) On November 21, 2013, Defendant B registered the provisional attachment of KRW 70,000,000 with respect to the instant apartment on the ground of the cancellation on December 25, 2013, and Defendant B cancelled the provisional attachment registration on the ground of the cancellation on December 2, 2013.

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