(영문) 부산지방법원 2016.09.29 2016가단33208

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(영문) 부산지방법원 2016.09.29 2016가단33208

공탁금출급권자확인의 소

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1. C’s deposit with the Busan District Court No. 4036, Jun. 2, 2016 16 KRW 16,550,000.

Reasons

1. Basic facts

A. On January 14, 2014, the Defendant leased the lease deposit amount of KRW 20 million, KRW 150,000, KRW 1500,000, and KRW 24 months with the lease deposit amount of KRW 3,000,000,000,000,000,000,00

(hereinafter “instant lease agreement”). B.

On June 30, 2015, the Defendant accepted the Plaintiff’s obligation to pay KRW 20 million with the borrowed money, and prepared a notarial deed stating that the Defendant transferred the instant lease deposit repayment claim against C to the Plaintiff and notified C of the said assignment as a certificate with the fixed date, in order to perform the obligation to pay the borrowed money, by January 13, 2016.

C. The Defendant failed to repay the said loan to the Plaintiff by January 13, 2016.

On April 28, 2016, the Plaintiff received a collection order on the Defendant’s claim amounting to KRW 17 million with respect to the Defendant’s claim for the refund of the lease deposit of this case against C.

(Resan District Court 2016 Other 8514). D.

C on June 2, 2016, on the part of the claim for the refund of the lease deposit of this case, the deposited principal with the Plaintiff and the Defendant for KRW 1,655,00,00, after deducting the unpaid monthly rent, water supply, electricity, and management expenses.

(Resan District Court No. 4036, No. 4036, 2016; hereinafter “instant deposit”). / [Grounds for recognition] the each entry in the evidence Nos. 1 through 4 and the purport of the whole pleadings

2. According to the facts of the above recognition, since the defendant transferred to the plaintiff the claim for the refund of the lease deposit of this case for the repayment of the loan to the plaintiff, the claim for the withdrawal of the deposit of this case after deducting the unpaid monthly rent from the claim for the refund of the lease deposit of this case is made to the plaintiff, and as long as the defendant contestss the claim, the plaintiff has the interest to seek the confirmation.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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