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(영문) 서울중앙지방법원 2018.09.11 2017가단83844
양수금 등 청구의 소
Text

1. Defendant C Co., Ltd shall deliver to Defendant B Co., Ltd the stores listed in the separate sheet.

2. Defendant B.

Reasons

1. Facts of recognition;

A. In around 2013, Defendant B entered into a lease agreement (a security deposit of KRW 135,744,000) with Defendant C on the store listed in the separate sheet owned by Defendant B, and the said lease agreement was terminated on January 31, 2017 after several occasions.

B. On February 23, 2015, the networkF (creditors) and the Defendant C (debtors) drafted a notarial deed of a monetary loan agreement with the amount of KRW 120,000,000 won for loans, February 17, 2015, the due date for repayment, August 17, 2015, and 25% per annum for interest.

(In fact, the total amount of the net F loaned to Defendant C shall be 120 million won or more (120 million won or more).

Defendant C transferred KRW 120,000,000 to F and notified Defendant B of the refund claim of the above lease deposit against Defendant C.

The plaintiffs are the wife and children of the net F, and they do not have the principal recovered from Defendant C until now.

The amount of KRW 9 million received from Defendant C was appropriated for interest.

E. The cost of restoration to the above store is KRW 31.5 million.

[Reasons for Recognition: Facts without dispute, Gap 1 through 7, Eul 1 through 7, Eul 1 through 5, the purport of the whole pleadings]

2. According to the above facts of recognition as to Defendant C, as long as the above lease contract is terminated, Defendant C shall deliver the above store to Defendant B upon the request of the Plaintiffs subrogated to Defendant B, the debtor, in order to preserve the claim for refund of the lease deposit.

Defendant C alleged that the above lease agreement was extended until January 31, 2019. However, according to the evidence as seen earlier, Defendant C’s legitimate refusal to renew the lease agreement was recognized, and thus, the above assertion is without merit.

3. According to the facts of the above recognition as to Defendant B, at the same time, Defendant B received the above store from Defendant C, and at the same time deducted KRW 31,50,000 from KRW 120,000,000,000,000,000 for the remainder of the lease deposit, which is the heir of the transferee, from KRW 1,20,000,000,000,000,000 for the restoration to original state, and KRW 8,50,000,000,000 for the remainder of the lease deposit.

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