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(영문) 서울남부지방법원 2016.08.24 2015가단59560
양수금
Text

The defendant shall pay 30,00,000 won to the plaintiff and 15% per annum from November 27, 2015 to the day of complete payment.

Reasons

Basic Facts

On June 7, 2011, through C (the relationship between blood relatives and relatives by marriage of the Plaintiff) the Plaintiff set KRW 30,000,000 to D as the due date on June 30, 2012.

In relation to this, the Plaintiff received a loan certificate written by D (which states that the Defendant borrowed the above money from the Plaintiff) and D and the Defendant’s lease contract (the lessee D, lessor, the Defendant, the lease deposit amount of KRW 30,000,000, and the lease term of KRW 24 months from September 30, 2009 to September 30, 201; hereinafter “the lease of this case”) and obtained certification on June 13, 201.

D shall complete a move-in report from September 6, 2001 on the object of the instant lease agreement owned by the Defendant and reside therein.

On October 28, 2013, a move-in report is completed to another place.

[Ground of recognition] A. A. 1, 2, and 1 evidence, and Plaintiff D’s assertion of the purport of the entire pleadings as to the purport of the entire pleadings. On November 22, 2011, the Plaintiff transferred to the Plaintiff the claim for refund of KRW 30,000,000 of the lease deposit of this case, and notified the Defendant of the assignment of the claim.

Therefore, the defendant shall pay the bond transferee to the plaintiff.

Defendant did not receive the notification of the assignment of claims from D around November 22, 2011.

In addition, since D did not prepare a contract of assignment of claims or a notice of assignment of claims to the plaintiff, these documents are forged.

Since the Defendant returned KRW 30,00,000 to D around September 30, 201, which is the expiration date of the lease term of this case, and thereafter continuously leased KRW 4,50,000 to D without a deposit, there is no deposit for lease.

Judgment

The authentication system for a deed signed by a private person under the Notary Public Act attached to the Judgment No. 4 (No. 4) on the formal evidence of the judgment on the validity of the assignment of claims shall have the parties concerned sign or seal the deed signed by a private person in front of a notary public, or shall have the parties concerned or their agents sign or affix their seals on the deed signed by a private person.

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