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(영문) 대구지방법원의성지원 2016.02.17 2015가단2050
양수금 등
Text

1.(a)

Defendant B delivers to Defendant A the real estate listed in the separate sheet;

B. The defendant corporation.

Reasons

1. Basic facts

A. On May 10, 2012, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a lease agreement with Defendant B and the attached list (hereinafter “instant real estate”) with respect to the lease deposit of KRW 13,760,00, and the lease term of KRW 13,760,000, and from May 9, 2012 to May 8, 2013 (hereinafter “instant lease agreement”). Defendant B paid the Defendant A the lease deposit of KRW 13,760,00 (hereinafter “instant lease deposit”).

B. On May 18, 2012, Defendant B transferred to the Plaintiff the instant claim for the refund of the lease deposit of this case against Defendant A, and on the same day, Defendant A notified Defendant A of the assignment of the said claim by content-certified mail, and around that time, the said notification reached Defendant A.

【Defendant B’s ground for recognition】 Defendant A: The fact that there is no dispute, entry of evidence Nos. 1 through 4, and the purport of the whole pleadings, as a whole, of confessions (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. According to the facts on the basis of the judgment on the cause of the claim, since the instant lease agreement was terminated upon the expiration of the period, Defendant B is obligated to deliver the instant real estate to Defendant A upon the Plaintiff’s request subrogated by Defendant A, and Defendant A is also obligated to pay KRW 13,760,000 to the Plaintiff who acquired the claim to return the instant lease deposit from Defendant B at the same time as the transfer of the instant real estate from Defendant B.

B. Defendant A’s assertion 1) asserts that, with respect to the Plaintiff’s seeking the payment of the claim for the return of the lease deposit received from Defendant B, Defendant A may only pay the remainder of the money obtained by deducting all expenses, such as delinquent rents and management expenses, from the lease deposit, which Defendant B bears to the Defendant A by the completion date of delivery of the real estate of this case. 2) The deposit received from the lease of real estate in the judgment of real estate is the rent and the damage liability due to the loss or damage

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