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(영문) 의정부지방법원 2017.02.10 2016가단14829
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 2006, the management body of the Plaintiff’s assertion B (hereinafter “instant commercial building”) borrowed KRW 22,00,000 from the new Ignin Development Co., Ltd. (hereinafter “the instant loan”). Around January 206, the management body borrowed the instant commercial building from the new Ignin Development Co., Ltd. (hereinafter “the instant loan”).

Around July 30, 2007, the management body of the commercial building of this case promised to pay the borrowed money of this case to New Asia Development Co., Ltd. by September 30, 2007. In the event that the above payment date is impossible, the management body of the commercial building of this case granted the right to operate the parking lot of this case until it pays the borrowed money of this case and the damages for delay calculated at the rate of 3% per month from August 1, 2007 to the date of full payment.

Since then, the right to operate the parking lot of the instant commercial building and the right to refund the borrowed amount were assigned in sequence to D, E, F, G, H, and I, and the Plaintiff finally acquired the right to operate the parking lot of the instant commercial building and the right to refund the borrowed amount.

Therefore, the Defendant is obligated to pay KRW 22,00,000 and damages for delay to the Plaintiff who acquired the instant loan claim.

2. The defendant's assertion that the defendant did not bear the obligation to borrow the loan of this case against the New Asia Development Co., Ltd., and there is no ground to acknowledge that the plaintiff acquired the claim for the loan of this case, and there is no consent to the transfer of the right to operate the parking lot of this case as alleged by the plaintiff. Thus, the plaintiff's claim cannot be complied

3. According to each statement of Gap evidence Nos. 1 through 6 (including the number of branch numbers), although the right to operate the parking lot of this case appears to have been transferred in the order of new Igin Development Co., Ltd., D, E, F, G, H, I, and the plaintiff, there is no evidence that the defendant obtained the consent to the transfer of these rights, and in particular, the aforementioned evidence alone is sufficient.

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