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(영문) 서울동부지방법원 2018.08.08 2018가단108170
양수금
Text

1. Defendant A shall deliver to Defendant B the real estate listed in the separate sheet.

2. Defendant B shall be attached to Defendant A.

Reasons

1. Basic facts

A. On November 7, 2015, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit of KRW 100,000,000 as well as the lease deposit from December 4, 2015 to December 4, 2017 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant A paid KRW 100,000,000 as the lease deposit to Defendant B, and received the instant real estate delivery.

B. On May 20, 2017, Defendant A transferred to the Plaintiff the claim for return of KRW 30,000,000 out of the lease deposit under the instant lease agreement, and on May 23, 2017, Defendant A sent a notice of assignment of the said claim to Defendant B, and around that time, the said notice was served to Defendant B.

[Ground for Recognition: Facts without dispute, entry in Gap 1 through 3 (including branch numbers in case of additional number), the purport of the whole pleadings]

2. The assertion and the judgment of the instant lease agreement terminated on December 4, 2017. The Plaintiff, who received part of the claim for the refund of the lease deposit of this case, may claim against the Defendant A on behalf of the lessor, on behalf of the Plaintiff, to deliver the instant real estate. Accordingly, upon the Plaintiff’s subrogation claim, the Defendant A is obliged to deliver the instant real estate to the Defendant B, and the Defendant B, upon receiving the instant real estate to the Defendant A, shall pay to the Plaintiff KRW 30,000,000, out of the lease deposit, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day after the date of completion of the delivery of the instant real estate to

Meanwhile, the Plaintiff claimed against Defendant B for the payment of damages for delay calculated at a rate of 15% per annum from the day following the completion date of delivery of the pertinent real estate to the day of full payment, but the Plaintiff seeks the return of the lease deposit without delivery of the leased building in the simultaneous performance relationship.

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