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1. The Defendant’s KRW 26,346,00 as well as the Plaintiff’s annual rate of KRW 5% from April 6, 2018 to February 14, 2019, and the next day.
Reasons
1. Facts of recognition;
A. On January 28, 2015, the Defendant entered into a lease agreement with C by setting a deposit amount of KRW 38,000,000, monthly rent of KRW 900,000 for the Seoul Special Metropolitan City D ground stores owned by the Defendant.
B. C, while engaging in monetary transactions with the Plaintiff from October 2014, around KRW 50 million, C issued a promissory note with face value of KRW 50,000,000, and the due date for payment to the Plaintiff on June 1, 2017 with a joint issuer E and a joint issuer, and on June 2, 2017, a notary public with respect to the said Promissory note was written with a law firm Franchising 361.
C. On May 18, 2017, the Plaintiff entered into a contract with C to transfer to the Plaintiff the obligation to return the security deposit owed by C, and C, on June 2, 2017, notified the Defendant of the assignment of the claim in question by content-certified mail, and the Defendant received the said notice on June 7, 2017.
C Rent 6,264,00 won in total, and restitution costs 5,390,000 won in total, which have not been paid by the said store to leave.
E. C, on March 21, 2016, transferred the instant claim for the refund of the deposit to the Bank of Bankruptcy, and on June 12, 2017, to H, respectively, and the notice of assignment of the claim was served on each Defendant on July 26, 2017 and August 24, 2017.
In addition, the creditor I's provisional attachment order as of July 21, 2017, the J union's provisional attachment order as of August 8, 2017, K's provisional attachment order as of August 9, 2017, the creditor L's attachment and collection order as of July 21, 2017 were respectively served on the defendant.
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9, 12 (including branch numbers), the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is the Plaintiff’s KRW 26,346,00 (i.e., deposit KRW 38,00,000- Unpaid rent of KRW 6,264,000 - Restoration cost of KRW 5,390,00) and the judgment date of this case from April 6, 2018, which is the day following the delivery date of a copy of the complaint of this case.