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(영문) 의정부지방법원 고양지원 2018.08.08 2017가단6996
양수금
Text

1. Defendant A shall deliver to Defendant B the real estate indicated in attached Form B.

2. Defendant B is from Defendant A.

Reasons

1. Basic facts

A. On April 3, 2014, Defendant A leased real estate indicated in the separate sheet (hereinafter “instant real estate”) from Defendant B with the term of lease of KRW 24 months from April 3, 2014, KRW 25,000,000, and KRW 1,400,000 per month of rent.

After that, on January 3, 2016, the Defendants newly concluded a lease agreement with the term of lease from January 3, 2016 to 24 months, lease deposit amount of KRW 25,00,000, and the rent of KRW 1,600,000.

(hereinafter “instant lease agreement”). Defendant A is operating a restaurant in the instant real estate from April 3, 2014 to the present date.

B. On November 16, 2015, the Plaintiff granted a loan to Defendant A with KRW 27,00,000 per annum on November 16, 2017; KRW 22.5% per annum; and KRW 10% per annum if the overdue interest rate is less than three months, KRW 11% per annum if the overdue interest rate is less than three months but less than four months; and KRW 12% per annum if the overdue interest rate is more than three months, and the repayment method is more than four months.

At the time, the Plaintiff received the claim for the refund of the above lease deposit from the Defendant A to secure the above loan claim. Around September 29, 2016, upon delegation of the right to notify the assignment of claims by the Defendant A, notified the Defendant B of the assignment of claims by content-certified mail, and around that time, the notification reached the Defendant B.

After that, around October 2016, Defendant A lost the benefit of the lending obligation by filing an individual rehabilitation application with the Seoul Rehabilitation Court 2016 Ma1025900, and Defendant A decided to authorize the repayment plan on March 24, 2017 and June 30, 2017.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence and one of Eul 1-1, the purport of the whole pleadings

2. Determination as to the claim against Defendant A

(a) a judgment on the cause of the claim;

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