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(영문) 서울고등법원 2014.12.08 2014나25704
보증금양도통지
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

In full view of the overall purport of the arguments in the evidence Nos. 1, 2-1 through 6, 3-8, and 10 of the evidence Nos. 2-1, 2012, the Defendant transferred on February 29, 2012, to the Plaintiff the Plaintiff the lease deposit refund claim amounting to KRW 80,000,000,000,000 for stores of 115,23.39 square meters under the Dongjak-gu Seoul Metropolitan Government, Seoul National University (hereinafter “Central University”) with respect to the repayment of the existing loan repayment obligation against the Plaintiff on February 29, 2012.

Judgment

According to the above facts, the defendant, the transferor of the claim to return the deposit of this case, has the duty to notify the Central University of the assignment of the above claim in relation to the plaintiff, the transferee.

The Defendant’s assertion as to the Defendant’s assertion that the lease contract between the Defendant and the Central University would be terminated on the ground of the transfer of the claim to refund the instant deposit. However, the Defendant agreed to the effect that the Defendant paid KRW 80,000,000, which is the amount equivalent to the deposit, to the Plaintiff from June 2012 to fully repay the loan debt, which is the cause of the said claim, and thus, the said assignment of claim becomes null and void. 2) According to each of the statements in the evidence Nos. 5, 9, and Nos. 1 through 7, the Defendant wired the Plaintiff the principal amount of KRW 87,50,000,00 (=the principal amount of KRW 70,000,000) from December 8, 2011 to June 5, 2012 as indicated in the table below.

Evidence 13,50,000 principal of 10,000 principal of 10,500,000 principal and interest of 3,500,000,000 won on December 8, 2011 as evidence of the title of repayment 13,50,000 on January 2, 2012:

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