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1. The Defendant’s KRW 31,00,000 as well as 5% per annum from November 29, 2018 to February 14, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 11, 2014, C leased each building listed in the separate sheet No. 1 (hereinafter referred to as “instant No. 1”) to the Defendant, with a deposit of KRW 50 million, monthly rent of KRW 200,000,000 from August 11, 2014 to August 10, 2016, and the Defendant subleted D the instant first price to D.
C filed a lawsuit against the defendant on August 10, 2016 on the grounds of the expiration of the lease term of August 10, 2016 and received a favorable judgment from the court, and the above judgment became final and conclusive.
(C) Around July 27, 2017, 2017, 2015da25657, Suwon District Court Decision 2016Na75869, and Supreme Court Decision 2017Da249967). C received money equivalent to the rent from the Defendant or sub-lessee D until March 11, 2017.
B. On August 31, 2014, C leased each building listed in the separate sheet No. 2 (hereinafter “instant No. 2”) to the Defendant, with regard to each building listed in the separate sheet No. 2, KRW 50 million, KRW 1800,000 per rent, and the lease term from September 17, 2014 to September 17, 2016.
C A around September 19, 2016, around September 19, 2016, received money equivalent to the rent from the Defendant until June 16, 2015.
C. On June 20, 2017, C transferred to the Plaintiff all of the monthly rent claims that the Defendant would receive from the Defendant against the instant Nos. 1 and 2, and around that time, C notified the Defendant of the assignment of claims.
[Evidences Evidence: Facts without dispute, Gap evidence 1 to 6 (including paper numbers; hereinafter the same shall apply)
(ii)each entry of Eul evidence Nos. 1, 3, 4, 7, and 8, and the purport of Gap evidence No. 9 and all pleadings
2. Judgment on the parties' arguments
A. According to the facts of the recognition of the claim of the first transfer payment claim as to the cause of the claim, the Defendant occupied and used the first transfer payment of this case through sub-lessee D until July 27, 2017. As to the first transfer payment of this case, C, which is the day following the date on which the first transfer payment was finally made after the expiration of the lease term, shall be March 2017.