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(영문) 청주지방법원 2016.01.27 2015가합21100
전부금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 6, 2008, C and D leased the real estate listed in the attached list of real estate (hereinafter “instant real estate”) to the Defendant as the lease deposit amount of KRW 450 million, monthly rent of KRW 4500,000,000 from June 29, 2008 to June 29, 2013 (hereinafter “the instant lease”), and received from the Defendant the lease deposit amount of KRW 400,000,000 from the Defendant, and then handed over the instant real estate to the Defendant.

On June 23, 2008, the defendant transferred the above 400 million won lease deposit claim to E.

B. On May 30, 2009, C and D entered into a contract with the Defendant to change the lease deposit amount of this case to KRW 650 million per month, and KRW 2.5 million per month, and received additional payment from the Defendant.

On June 2, 2009, the Defendant transferred to E the above claim for the return of additional lease deposit amounting to KRW 250 million.

(hereinafter the above KRW 400 million and the assignment of claims of this case in total shall be referred to as the “transfer of claims”).

C and D completed the registration of ownership transfer on September 17, 2010 with respect to the instant real estate to Hyundai MIM Co., Ltd. (hereinafter referred to as “SP”) on the grounds of a sales contract dated August 30, 2010.

On July 30, 2012, the Plaintiff lent KRW 450 million to F on July 30, 2012 at the maturity of KRW 150 million on July 31, 2014, at the interest rate of 15% per annum (hereinafter “instant loan”). However, the Plaintiff did not repay the said loan to the Plaintiff until now.

E. On February 11, 2015, the Plaintiff filed a lawsuit seeking the payment of investment worth KRW 270 million against E on behalf of F (this Court 2014Dahap28067) and received a judgment accepting all the Plaintiff’s claims from the above court on February 11, 2015, and sent a certificate of content containing the assignment of claims to the non-party company by subrogation of E on March 5, 2015. The content certification was served on the non-party company on March 6, 2015.

F. On the basis of this Court Decision 2014Gahap28067, the Plaintiff was based on the judgment on January 2, 2015.

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