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(영문) 광주고등법원 2015.04.03 2014나2319
전부금
Text

1. The appeal by the defendant K and J shall be dismissed respectively.

2. Of the judgment of the first instance court, as to Defendant V and Defendant AD

Reasons

1. Facts of recognition;

A. In around 197, the Defendants entered into a lease agreement with Japan Construction Co., Ltd. and the Defendants, with respect to each of the above apartment units on the ground (Defendant V: 201 Dong 907, Defendant AD: 203 Dong 1403, Defendant K 203 Dong 203 Dong Dong 1405, Defendant J 203 Dong 1311, and each of the above apartment units (hereinafter collectively referred to as the “each of the instant apartment units”) with respect to the lease deposit amount of KRW 14,850,00,00 for each of the above apartment units, and KRW 26,00,00 for each of the following terms, and two years for lease.

The above lease contract was explicitly renewed from June 1997 to December 2008, and the defendants continued to reside in the leased household concerned, but the new construction was not due to the default of payment from February 1998.

B. On July 31, 1996, the National Bank Co., Ltd. loaned KRW 600,000,000 to the New Construction at an annual interest rate of 19%, and on November 4, 2004, the Plaintiff, Solomon Savings Bank Co., Ltd. (hereinafter “Plaintiff Solomon Savings Bank”) transferred its principal and interest amount of KRW 846,312,996 to the Plaintiff Solomon Savings Bank.

Plaintiff

On September 7, 2005, Solomon Savings Bank filed a lawsuit against the new construction (Seoul Central District Court 2005Gahap10758), and was sentenced on September 7, 2005 that "Japan shall pay the plaintiff Solomon Savings Bank KRW 846,312,99, and delay damages therefor." The above judgment became final and conclusive around that time.

Plaintiff

The Solomon Savings Bank shall be a debtor on October 2, 2008, and the Defendants shall be the third debtor, and each of the 16,214,467 won among the rent claims against the Defendants shall be assigned to the Gwangju District Court on assignment order as to KRW 13,712,755 out of the rent claims against the Defendants, with the debtor, Defendant V, AD, and K as the third debtor on November 21, 2008.

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