(영문) 대전지방법원 2016.03.25 2015나7037 | 리걸엔진

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(영문) 대전지방법원 2016.03.25 2015나7037

양수금등

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

B On November 22, 2011, the Defendant entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) by setting the lease deposit of KRW 30 million, monthly rent of KRW 350,000,000,000, monthly management expenses, monthly management expenses, and period of lease from November 23, 2011 to November 22, 201, with the following: (a) the lease agreement was entered into between the Defendant and the Defendant (hereinafter “instant lease agreement”).

On February 17, 2012, the Plaintiff drafted as No. 1650, a notary public’s office, an notarial deed of monetary loan for consumption (hereinafter “notarial deed of this case”) with the following content, whereby the Plaintiff, debtor, Defendant, and joint guarantor as the father D (the father of the Defendant), signed as follows:

Article 1 (Loan and Lending of Money) The creditor lent the amount of KRW 25 million to the debtor on February 17, 2012, and the debtor regularly borrowed it.

Article 2 (Period and Method of Payment) The 17 August 2012 was determined.

Article 3 (Interest) The interest rate was set at 24% per annum and paid on the 17th day of each month.

Article 10 (Transfer and Receipt of Claims) The obligor transferred to the obligee on February 17, 2012 the following claims which the obligor has against the garnishee, and the obligee has taken over regularly the following claims in order to secure the repayment of the obligation:

- Claim to be transferred or taken over: The obligor must, without delay, notify the third obligor of the fact of the assignment of the claim under this contract with a certificate with a fixed date, of the claim to return the lease deposit in the amount of KRW 30 million, which the obligor (transferor) keeps to the third obligor under the real estate lease contract with the obligor on November 22, 201 between the Defendant and the third obligor B (the instant real estate in this case):

The defendant prepared a notice of assignment of claims on February 17, 2012, and the plaintiff is on the same day.

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