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(영문) 서울남부지방법원 2020.01.15 2019가단17335
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 as well as 24% per annum from June 8, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 12, 2018, the Defendant agreed to the Daejeon Seo-gu, Daejeon, that “A lessee (C) shall not transfer the right of lease or offer the security without the lessor’s consent” (Article 3 of the contract) and that “C shall pay a full deposit to the Defendant for the lease deposit, setting the lease deposit amount of KRW 170,000,000,000 and the period from April 27, 2018 to April 26, 2020 (hereinafter “instant lease”).

B. On June 27, 2018, C transferred to the Plaintiff the part of KRW 40 million out of the lease deposit claim against the Defendant under the instant lease agreement, which was transferred by means of security for transfer, to obtain a loan from the Plaintiff. On July 3, 2018, C sent the content-certified mail containing the fact to the Defendant, and the Defendant received the content-certified mail on the following day.

In addition, on September 14, 2018, C transferred to the Plaintiff the part of KRW 40 million out of the claim to return the lease deposit against the Defendant under the instant lease agreement with the transfer for security. On September 27, 2018, C sent and notified the Defendant of the content-certified mail containing the fact. The Defendant received the content-certified mail on the following day.

(hereinafter referred to as "transfer of claims of this case" in total, including the assignment of claims by June 27, 2018 and by September 4, 2018.

On June 27, 2018, the Plaintiff loaned C the amount of KRW 20 million on August 6, 2018, KRW 20 million on September 14, 2018, KRW 20 million on September 14, 2018, KRW 24% per annum on October 8, 2018, and KRW 10 million on maturity on April 20, 2020 (hereinafter “instant loan”).

C Since June 8, 2019, after delay in the payment of interest on the instant loan, C lost the benefit of time due to delay, and around June 2019, upon requesting the Defendant to terminate the instant lease agreement, C was fully returned from the Defendant on June 20, 2019, and around July 8, 2019.

[Reasons for Recognition] Facts without dispute, Gap 1 to 8, Eul 1 and 2 to each entry (including each number), and the purport of the whole pleadings.

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