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(영문) 의정부지방법원 2017.12.22 2017가단6207
양수금
Text

1. Defendant A shall deliver each building listed in the separate sheet to Defendant B and C.

2. Defendant B and C shall be accompanied by the Defendant A.

Reasons

1. Basic facts

A. On February 13, 2015, the Plaintiff loaned KRW 13,00,000 to Defendant A for the purpose of securing the above loan claims against Defendant A by setting either 10% per annum where the repayment method “an equal installment repayment of principal and interest,” interest rate of KRW 25.1% per annum, and the overdue interest rate of additional delay damages of less than three months, 10% per annum where the overdue interest rate of additional delay damages is less than three months, 11% per annum where the overdue interest rate is more than three months but less than four months, and 12%

The claim for the return of the lease deposit stated in the subsection was transferred.

B. On December 19, 2014, Defendant A leased each of the buildings listed in the separate sheet from D and three other on December 19, 2014, with a deposit of KRW 30,000,000, monthly rent of KRW 1,308,000, and the period from December 31, 2014 to December 31, 2015, Defendant A paid deposit of KRW 30,000,000 to D and completed business registration with the trade name "EAAAAAA" (with respect to the fact that Defendant A is a lessee of a commercial building meeting the requisite to set up against Defendant A, there is no dispute between the parties, and in light of this, Defendant A’s business registration is ratified) and the above private teaching institute is operated in each of the above buildings until now.

C. On May 4, 2015, upon delegation of the power to notify the assignment of claims by Defendant A, the Plaintiff notified D of the transfer of the above lease deposit claims by content-certified mail with the fixed date, and the notification reached D on May 14, 2015, and D notified D of the purport that D consented to the transfer of the lease deposit claims.

On May 14, 2015, Defendant A lost the benefit of time for the loan obligations by filing an application for individual rehabilitation with the District Court Decision 2015 Ma30973.

E. On September 17, 2015, the owner of each of the above buildings changed from D and three other (1/4 of each co-owned share) to Defendant B and C (1/2 of each co-owned share).

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 4, 5, 7, and the purport of the whole pleading

2. As to the claim against the defendant A

A. According to the facts as to the cause of the claim, the above facts are examined.

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