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(영문) 대구지방법원의성지원 2020.02.05 2019가단755
양수금
Text

1. Defendant C shall deliver the real estate listed in the separate sheet to Defendant D Corporation.

2. Defendant D Corporation shall be from Defendant C.

Reasons

1. Facts of recognition;

A. On December 26, 2018, Defendant C entered into a contract with Defendant D Corporation on the lease deposit amounting to KRW 54,680,000, and the term of lease from January 1, 2019 to December 31, 2020 (hereinafter “instant lease contract”).

B. After borrowing money from the Plaintiff, on December 27, 2018, Defendant C transferred the claim for the refund of the said lease deposit to the Plaintiff, and on the same day, notified the Defendant D Corporation on the same day.

C. On December 31, 2018, Defendant C prepared and delivered a letter of commitment to the Plaintiff, stating that “In the event that the amount borrowed from the Plaintiff is unable to be repaid by the due date, the Plaintiff has no objection to the termination of the instant lease by subrogation of the Defendant C even during the term of lease.”

Defendant C failed to repay the borrowed money to the Plaintiff upon expiration of the due date.

Accordingly, on July 17, 2019, the Plaintiff notified Defendant D Corporation that the instant lease contract will be terminated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the facts of the above recognition, Defendant C has a duty to deliver the instant real estate to Defendant D Corporation, and Defendant D Corporation is at the same time obligated to deliver the instant real estate from Defendant C, and at the same time, to the Plaintiff, the assignee of the right to return the instant real estate from KRW 54,680,00,00, less all the claims arising under the instant lease agreement, including rent, management fee, tax and public charges, etc., accrued from the date the delivery of the instant real estate is completed.

3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.

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