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(영문) 서울중앙지방법원 2016.04.27 2015가단96327
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that the loan claim of KRW 151,00,00 exists to the non-party B. The plaintiff transferred KRW 151,00,00 to the non-party B for the repayment of the loan claim of KRW 151,00,00 to the non-party B, and the defendant is obliged to pay KRW 151,00,000 out of KRW 200,000,000 under the lease contract of Seocho-gu Seoul Metropolitan Government (hereinafter "real estate of this case"), which was entered into with the defendant on August 21, 2013. On August 29, 2013, the plaintiff entered into a contract for the transfer of the loan and assignment of the claim of KRW 50,848,90,30,000,00 to the defendant on September 13, 2013. Since Eul is obligated to pay KRW 99,851,000,000 - KRW 508,905,05.20

2. In order for the lessee to claim the return of the lease deposit, the fact that the lessee entered into the lease contract and the fact that the lease deposit was paid should be proved. In this case, the Plaintiff asserted that the Plaintiff acquired the claim for the return of the lease deposit against the Defendant from B, who is the lessee of the instant real estate, due to the cause of the claim, and therefore, whether B had the claim for the return of the lease deposit amount of KRW

Therefore, the following facts can be acknowledged in full view of the following facts or facts, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5, Eul evidence Nos. 8 through 10 (including paper numbers), the fact inquiry results to the head of Gangnam-gu and the whole purport of the pleadings.

In other words, B and the Defendant stated that the deposit for the lease on August 21, 2013 for the instant real estate owned by the Defendant was set at KRW 5,40 million on a copy of the register as the special terms and conditions with respect to the lease deposit for the period of KRW 200 million, 24 months, and 5,400 million on a copy of the register, and that the remainder of KRW 20,000 on the day, and the remainder of KRW 180,000 on August 31, 2013 (Evidence No. 1), and the remainder payment date of Section B.

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