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(영문) 서울남부지방법원 2016.10.18 2016가단209089
양수금
Text

1. The Defendant’s KRW 5,682,135 as well as the Plaintiff’s KRW 6% per annum from June 15, 2016 to October 18, 2016, and the following.

Reasons

1. The facts of recognition;

A. On September 4, 2012, D, the owner of the Yangcheon-gu Seoul Metropolitan Building (hereinafter referred to as the “instant building”) was determined and leased to the Defendant, as of September 4, 2012, the amount of KRW 30 million, monthly rent of KRW 1210,000 (including value-added tax), monthly rent of KRW 25,000,000, monthly rent of KRW 1210,000 (including value-added tax), and the term of lease from September 4, 2012 to September 3, 2014.

(hereinafter “Lease of this case”). (b)

D On March 4, 2014, on the part of the Plaintiff, transferred to the Plaintiff a rent claim and a claim for return of unjust enrichment against the Defendant under the instant lease agreement, and on March 6, 2014, the notice of transfer was served on the Defendant.

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

Upon the commencement of the voluntary auction procedure to Seoul Southern District Court E on March 25, 2014 with respect to the instant building, the Defendant did not pay the monthly rent from March 2014.

On the other hand, in the above auction procedure on June 14, 2016, the successful bidder paid the successful bid price, and the defendant concluded a lease contract with the above successful bidder on the commercial building of this case.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of the whole pleadings]

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The monthly rent from March 2014 to June 2016, which was not paid by the Defendant, is the sum of KRW 33,476,670 to June 14, 2016 for the monthly rent of KRW 2,233,386. If the Plaintiff deducts KRW 30 million from the said monthly rent, the amount of KRW 5,710,056 remains when the amount of the lease deposit is deducted. Accordingly, the Defendant’s assertion that the instant assignment of claims constitutes a fraudulent act and ought to be revoked. Accordingly, the instant claim against the Defendant should be deducted from the lease deposit at the time of the occurrence of the instant claim against the Defendant.

B. Determination 1: The instant assignment contract.

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