(영문) 인천지방법원 2014.12.18 2014나12256

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.12.18 2014나12256

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 20, 2010, C leased from the Defendant during the period from August 20, 2010 to August 30, 2013, the lease deposit amounting to KRW 70,00,000,000,000,000,000 from the Defendant for rent, and the period from August 30, 2013 to KRW 50,000,000,000,000,000,0000,0000,000,000,000,000

B. C transferred to the Plaintiff on April 17, 2013, a claim for the return of the above lease deposit against the Defendant in order to repay the Plaintiff’s debt of KRW 46 million against the Plaintiff, ASEAN, on behalf of the Plaintiff, and the notice of the assignment of the above assignment was delivered to the Defendant on the 22th of the same month.

C. On August 2013, the Plaintiff received KRW 20 million out of the lease deposit, which remains after deducting the overdue rent, etc. from the Defendant upon the termination of the above lease agreement from the Defendant via C around the end of August 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 10 million out of the unpaid amount and the delay damages calculated at the rate of 20% per annum from March 27, 2014 to the date following the delivery of the copy of the instant complaint, as requested by the Plaintiff.

3. The Defendant’s argument regarding the Defendant is acknowledged as having reached an agreement between the Plaintiff, the Defendant, and the assignee of the claim, on the ground that, at the end of the lease, the Defendant returned the remainder of the lease deposit after deducting the overdue rent from the Plaintiff and C, not the assignee of the claim, and thereafter, agreed to pay KRW 20 million for the remainder of the obligation that C agreed to pay to the Plaintiff in lieu of the Plaintiff. As such, as the above agreement, C paid KRW 32 million to C, the above acquisition amount was alleged to have been fully repaid. As such, the testimony by the witness F of the trial court on the ground that the statement of the evidence No. 3 and the testimony by the witness of the Party Party

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-서울중앙지방법원 2015.08.12 2015가단29044

-서울중앙지방법원 2017.09.28 2016가합21327

-서울고등법원 2017.10.19 2017나2001170

-서울중앙지방법원 2014.12.19 2014노3174

-수원지방법원안산지원 2015.04.15 2013가단109924