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(영문) 서울중앙지방법원 2017.09.19 2016가단130552
공탁금출급권자 확인
Text

1. On September 7, 2016, the Seoul Central District Court (Seoul Central District Court) held on September 7, 2016 between the Plaintiff and the Defendants.

Reasons

1. Facts of recognition;

A. On November 1, 2011, Defendant A entered into a lease agreement with New Bank Co., Ltd. (hereinafter the Defendants, and the name of the Co., Ltd. is omitted) with the terms of “Lease deposit KRW 80 million, monthly rent KRW 170,000,000 (Additional tax), and from November 18, 201 to November 18, 2013, with the term of lease (hereinafter “instant lease agreement”).

(2) The instant lease agreement contains a total of seven pages (including the part in which it appears to be connected to a person with evidence No. 3 and a guard). Of them, Article 9 (Prohibition of Assignment and Sub-lease) refers to Defendant A. The instant lease agreement states that “The obligation to return the deposit shall not be transferred or pledged to another person, or all or part of the object of the lease agreement shall not be sub-leased.”

(hereinafter “instant special agreement”). B.

(1) When Defendant A entered into a loan for consumption and loan transaction with Defendant C, Defendant A transferred the claim of KRW 19.5 million out of the claim for the refund of the lease deposit of this case to Defendant C, and Defendant C notified the transfer of the claim by means of content-certified mail on May 29, 2015, and on June 1, 2015, Defendant A issued the above notice to the new bank on June 1, 2015.

Defendant Cho Jae-chul transferred or set up a pledge on the refund of the lease deposit of this case to the Savings Bank and the Interest-Friendly Savings Bank, and notified the new bank of the transfer or pledge of the claim.

3. Meanwhile, on March 2, 2016, the reorganization of the case assets by the defendant was carried out.

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