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(영문) 서울동부지방법원 2014.05.30 2013가합107810
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in the statements in Gap evidence Nos. 2-1, 2, 7-14, and 16-1 through 17.

On November 23, 2012, K and ASEAN entered into a lease agreement between K and the Defendants with respect to the remaining Defendants’ agent and the 11th, 12, and 14th, Seongbuk-gu, Seoul, which are parties thereto, with a total of KRW 500 million, and with a term of lease from September 27, 2012 to September 17, 2017 (hereinafter “instant lease”). Of these, the 14th, the lessor was Defendant F, E, and the 1201, and the 1202 lessor was KRW 30,000,000,000,000 won, and KRW 30,000,000,000,000 won, KRW 30,000,000,000,000, KRW 161,000,000,000,000,000.

B. On April 16, 2013, K entered into a contract with the Plaintiff for the transfer (hereinafter “transfer of claims of this case”) of KRW 150 million out of the lease deposit KRW 500 million under the instant lease agreement (hereinafter “instant transfer of claims”). On April 19, 2013, K sent the notice of assignment of claims of this case to Defendant B, Defendant C, D, E, F, G, H, I, and J on April 24, 2013, and each of the above notice of assignment of claims reached the remainder of the Defendants except Defendant C, H, and I at that time.

2. The parties' assertion

A. The Plaintiff’s assertion (1) transferred the claim for the refund of the lease deposit of this case to the Plaintiff according to the assignment of the claim of this case, and Defendant B transferred all the lease agreements and management activities from the remainder of the Defendants.

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