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(영문) 의정부지방법원 2017.04.26 2016가단20183
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2.(a)

On the claims stated in the separate sheet between the defendant and the non-party C, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against C filed a claim for a loan with the Jung Government District Court 2010Da22736, Jul. 20, 2010, and C paid KRW 60 million to the Plaintiff on July 20, 2010, on five occasions, and each year from July 31, 201 in five installments.

7. 31. 31. 31. 12 million won shall be paid in 12. If C does not pay at least once, the adjustment was made in which C pays interest calculated at the rate of 20% per annum on the unpaid amount due to loss of the benefit of time from the next day to the date of full payment. C did not pay from the first due date set forth in C.

B. C’s establishment of the claim for return of the deposit for the lease on a deposit basis and transfer thereof to the Defendant is from D on September 18, 2015 to the Defendant, the two cities (hereinafter “instant apartment”) No. 410-dong 1206 (hereinafter “instant apartment”).

(2) The Plaintiff: (a) filed a claim claim against C with the debtor’s deposit claim against C; and (b) received a claim attachment and collection order against D on January 22, 2016, by requesting the debtor’s deposit claim against C’s third debtor bank and the claim for the return of the above apartment lease deposit against D; (c) the original copy of the decision reached the bank on January 27, 2016, and reached the bank on February 19, 2016.

3) On January 28, 2016, C transfers the above apartment lease deposit claim against D to the Defendant, who is a person on January 28, 2016 (hereinafter “instant lease deposit transfer contract”).

On the same day, D and the defendant prepared an apartment lease contract with the same contents as the existing lease contract in addition to changing the tenant's name from C to the defendant.

C. C’s property was entirely KRW 483,514, and KRW 130,000,000,000,000 insurance money and KRW 130,000.

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