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Reasons
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(영문) 대전지방법원천안지원 2020.06.04 2019가단7347
양수금
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1. Defendant C shall deliver to Defendant E Co., Ltd the buildings listed in the separate sheet.

2. Defendant E Co., Ltd. shall be the defendant.

Reasons

1. Facts of recognition;

A. Around January 19, 2017, Defendant E Co., Ltd (hereinafter “Defendant E Co., Ltd”) leased a building recorded in the attached list (hereinafter “instant building”) to Defendant C by setting the lease deposit amount of KRW 70,000,000, monthly rent of KRW 150,000, and the lease term of KRW 150,000 from January 31, 2017 to January 30, 2019.

(hereinafter “instant lease agreement”). B.

Defendant C paid 70,000,000 won as lease deposit under the instant lease agreement to the Defendant Company, and received delivery of the instant building from the Defendant Company around January 31, 2017.

C. On the other hand, around January 19, 2017, Defendant C transferred to the Plaintiff a refund claim of KRW 70,000,000,000 of the instant lease agreement, and notified the Defendant Company thereof by a certificate with the fixed date on January 24, 2017.

From August 2018, Defendant C delayed to pay the rent of the instant lease agreement, and from March 27, 2019, Defendant C applied for the termination of the instant lease agreement to the Defendant Company several times from March 27, 2019, but is residing in the instant building until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, 2, Eul evidence 3-1, 3-4, and the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant C, since the lease contract of this case was terminated upon termination, C is obligated to deliver the building of this case to the Defendant Company upon the Plaintiff’s subrogation request, the transferee of the right to return the lease deposit of this case.

3. Claim against the defendant company

A. The conclusion of the instant lease agreement regarding the cause of the claim is as seen earlier. Therefore, barring any special circumstance, the Defendant Company is obligated to pay the Plaintiff, the assignee of the lease deposit, with the remainder of KRW 70,000,000, which deducted the Plaintiff’s unpaid rent from the Defendant C, at the same time as the delivery of the instant building from the Defendant C, barring any special circumstance.

B. Defendant 1’s assertion of mutual aid by Defendant Company

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