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(영문) 서울동부지방법원 2019.04.12 2018가단124363
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The following facts are not disputed between the parties, or acknowledged by adding up the purpose of the entire pleadings in each entry in Gap evidence 2 to 4:

1) The Defendant is the non-party E Co., Ltd. (hereinafter “non-party E Co., Ltd.”) with the building D and the second floor in the area of Sungnam-si.

) The lease deposit was set at KRW 150 million and leased to the Plaintiff (hereinafter “instant lease agreement”).

(2) On February 26, 2018, Nonparty Company transferred to the Plaintiff the claim for refund of the lease deposit under the instant lease agreement with the Defendant (hereinafter “claim Assignment”) and notified the Defendant of the purport on March 14, 2018, and reached around March 15, 2018.

B. According to the above facts, the defendant is obligated to pay to the plaintiff KRW 150 million with the acquisition amount, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the assignment of claims in this case was withdrawn from the non-party company's termination notification.

According to the evidence No. 1, the non-party company notified the defendant on June 5, 2018 that the non-party company terminated the assignment of the claim of this case, and received the notification at that time. However, as seen earlier, as long as the plaintiff has already met the requisite for setting up against the plaintiff by notification as to the assignment of the claim of this case, the withdrawal is the same as the plaintiff, the transferee, again transfers the claim to the non-party company, the transferor.

Therefore, only the transferor who received delegation from the transferee or transferee can withdraw it, and there is no evidence that the non-party company notified the termination with the consent or delegation from the plaintiff.

Therefore, it cannot be deemed that the assignment of claim of this case is withdrawn due to the termination of the contract made by the non-party company, the transferor, and thus the above argument cannot be accepted

B. The Defendant deducted the overdue rent, etc. from the lease deposit under the instant lease agreement on July 24, 2018.

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