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(영문) 서울중앙지방법원 2015.05.20 2014가단191614
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. (1) B transferred the right to refund the deposit deposit to the Defendant Corporation (hereinafter “Defendant Corporation”) on December 2, 2011, while leasing and staying in Gangseo-gu Seoul Metropolitan Government C Apartment 404 Dong 501 (the instant apartment house) owned by Defendant E&S (hereinafter “Defendant Corporation”). On August 19, 2008, when borrowing KRW 30 million from the Defendant Mineyang Saemaul Community Fund (hereinafter “Defendant Mine Community Fund”), the Defendant Company transferred the right to refund the deposit deposit amount of KRW 88 million to the Defendant Corporation, and thereafter notified the Defendant Corporation of the transfer of the claim. (2) In addition, B transferred the claim to the Plaintiff at the time of the transfer of the deposit deposit amount of KRW 92.46 million to the Plaintiff, and thereafter notified the Defendant Corporation of the transfer of the claim amount of KRW 35 million to the Defendant Corporation.

3) Meanwhile, around August 29, 2012, the rental deposit has been finally increased to KRW 97,080,000. (b) In the event that B failed to repay the principal and interest of the loan to the Defendant’s credit cooperative, the Defendant’s credit cooperative filed a lawsuit claiming that B and the Defendant’s construction be the Defendant, and that B should deliver the instant apartment in relation to the Defendant’s construction, and that the Defendant’s credit cooperative will pay KRW 88,060,000,000,000,000,000,000 to the Defendant’s credit cooperative

(Seoul Central 2014Kadan5189357) Upon the filing of the suit, B delivered the apartment of this case to the Defendant Corporation, and the Defendant Corporation remitted the remainder of KRW 75,034,970 after deducting KRW 19,000 from the amount of KRW 97,080,000 and the remainder of KRW 22,026,030 paid to the pledgee bank for the claim for the deposit to the Defendant Treasury. 3) The Defendant Treasury returned the said suit to the Defendant Treasury by remitting the amount of KRW 42,768,90 remaining after deducting the principal and interest of the loan and KRW 31,42,570 from the transferred money and KRW 843,50 from the said money.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 through 5, Eul 1 through 13, the purport of the whole pleadings and arguments

2. The plaintiff's assertion

A. The defendant Corporation must deposit the rental deposit.

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