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(영문) 부산지방법원 2015.08.13 2014나15054
보증금등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Facts of recognition;

A. On January 18, 2012, the Plaintiff entered into a contract for a loan for consumption with a loan amounting to KRW 100 million with D, and prepared the following terms and conditions (hereinafter “the loan certificate of this case”).

D The loan certificate of this case was signed and sealed B’s seal imprint on the name next to that of B entered as joint and several sureties, and on January 18, 2012, B issued to the Plaintiff a copy of the certificate of personal seal impression and B’s resident registration certificate.

1. Principal: Geum-day KRW 100,000,000

2. Date of repayment: July 18, 2012;

3. Interest: 5 million won per month; and

6. A joint and several surety shall transfer to a creditor a claim for the refund of rental deposit against the lessor under subparagraph 701, Seo-gu, Gwangju Metropolitan City which he/she has against the lessor for the security of the above loan

(b)

8. The joint and several suretiess shall guarantee this obligation and shall be responsible for the performance of their joint and several obligations with the obligor.

B. On the same day, D granted to the Plaintiff a lease agreement (hereinafter “instant lease agreement”) signed between the Defendant and B on April 23, 201 with the content of KRW 70 million, monthly rent of KRW 3.5 million, and the period from April 23, 2011 to April 23, 2013 (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff on the same day that B transferred the above lease deposit repayment claim amounting to KRW 70 million to the Plaintiff, signed a bond transfer/acquisition agreement with the effect that B’s above lease deposit repayment claim amounting to KRW 70 million, and delivered to the Plaintiff the Plaintiff with B’s seal imprint affixed.

(hereinafter referred to as “transfer of claims of this case”)

In addition, D, on the same day, affixed B’s seal impression affixed on B’s notice of assignment of claims to the said assignment of claims on the same day, and sent it to the Defendant on January 19, 2012 (hereinafter “instant notice of assignment of claims”) (hereinafter “instant notice of assignment of claims”), the said notice reached the Defendant on January 20, 2012.

The Plaintiff remitted to D the sum of KRW 80 million on January 18, 2012, and KRW 95 million on January 27, 2012.

E. The instant store is located on October 29, 2012.

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