logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.07 2015가합2485
양수금
Text

1. The Defendants jointly share KRW 50,000,000 with respect thereto to the Plaintiff and the period from June 24, 2015 to July 7, 2016.

Reasons

1. Basic facts

A. Around May 15, 2013, the Defendants concluded a lease agreement with D by setting the rental deposit amount of KRW 700 million and the term of lease from May 30, 2013 to May 30, 2015 with respect to the above-ground housing in Seodaemun-gu Seoul, Seoul, a joint ownership of the Defendants.

(hereinafter referred to as "the instant lease agreement"). B.

1) On October 15, 2013, around D’s agent status, D entered into a contract for credit transfer and takeover between D and the Plaintiff on the condition that D transfer of KRW 50 million, out of the security deposit refund claim of KRW 700 million to the Defendants to the Plaintiff (hereinafter “this case’s transfer of claims by October 15, 2013”).

(2) Around October 15, 2013, an employee of a certified judicial scrivener office delegated by F (F) notified the Defendants, a joint lessor under the instant lease agreement, by content-certified mail; and the said notification reached the Defendants around October 16, 2013.

C.1) In addition, around February 27, 2014, the F entered into a contract on the assignment of claims between D and the Plaintiff, including the content that D would transfer KRW 200 million out of the deposit refund claim amounting to KRW 700 million to the Plaintiff (hereinafter “instant claim assignment”).

(2) Around February 27, 2014, employees of the certified judicial scrivener office delegated by F notified the Defendants of the assignment of the said assignment by content-certified mail, and the said notification reached the Defendants around that time.

The F died on April 30, 2015.

The instant lease agreement terminated on May 30, 2015, and around that time D delivered the said house to the Defendants.

[Ground of recognition] The entry of Gap evidence Nos. 3 and 4 1 to 6, and the purport of the whole pleadings

2. Whether the Defendants’ obligation to pay the acquisition money exists and the scope thereof

A. The evidence as seen earlier, prior to October 15, 2013, as to the Plaintiff’s claim for the amount of money transferred according to the assignment of claims made by the Plaintiff on October 15, 2013, and the evidence No. 1-22, and No. 2-1-23.

arrow