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(영문) 창원지방법원 2019.08.13 2016가단114500
부당이득금반환
Text

1. The Defendant calculated the Plaintiff at the rate of 12% per annum from August 14, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 10, 2010, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff to lease the D Apartment E by setting the lease deposit of KRW 80,000,000, monthly rent of KRW 100,000, and February 22, 2012, and paid KRW 80,000,000 to the Plaintiff.

(hereinafter “instant lease agreement”). B.

The Fund in charge of the instant lease agreement (hereinafter referred to as the “Corporation in charge of the instant lease agreement”) was issued with the Changwon District Court No. 2012 other bond 4139 on May 18, 2012, with the Defendant’s KRW 50,904,100, out of the refund bond amount of KRW 80,000,00 in the instant lease agreement to the Plaintiff.

The above assignment order was served on the Plaintiff on June 11, 2012, and was finalized on June 26, 2012.

(hereinafter “instant first assignment order”) C.

B Based on the certificate of promissory note No. 254, 2012 (No. 254, 2012, hereinafter “instant certificate”) for the face value of KRW 52,900,000 issued by the LAF, which was issued by the KAF, the Changwon District Court No. 2012, Jul. 11, 2012, under the first assignment order against the Plaintiff by Changwon District Court No. 2015761, Jul. 11, 2012, the KAF received an order of seizure and all of the claims to be paid by the Plaintiff.

The above assignment order was served on the Plaintiff on July 30, 2012, and was finalized on August 10, 2012.

(hereinafter “instant second assignment order”) D.

The Plaintiff and the Defendant agreed to terminate the instant lease agreement on February 2014, and the Plaintiff returned the lease deposit amount of KRW 60,000,000 to the Defendant on February 17, 2014, KRW 20,000,000, and KRW 80,000,000 on February 19, 2014.

On December 15, 2014, the defendant paid 50,000,000 won to the LAF.

The Plaintiff received a written waiver of the entire right from the Bank of Korea F to the effect that the Plaintiff renounced the entire claim for the assignment order of the instant First Assignment Order.

E. B transferred on July 11, 2016 the entire amount of the instant assignment order to I, and notified the Plaintiff of the assignment of the claim on August 10, 2016.

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