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(영문) 수원지방법원 안양지원 2018.08.09 2017가단125267
양수금
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate from December 25, 2013 to August 9, 2018, and the following.

Reasons

1. Basic facts - On June 10, 2009, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with D Apartment 101 Dong 109 (hereinafter “instant building”) located in Busan-gu, Busan-gu, with a deposit of KRW 50 million and the period from July 1, 2009 to 24 months (hereinafter “instant lease contract”).

The lease contract of this case continues to be impliedly renewed after the expiration of the term. 8

C On September 16, 2009, in order to secure all obligations owed or payable to the Plaintiff in the future, C transferred to the Plaintiff the right to refund the lease deposit against the Defendant under the instant lease agreement, and the Defendant was notified of the assignment of the credit on July 24, 2012.

The Plaintiff determined C, September 16, 2009, KRW 10 million, KRW 12 million on December 16, 2009, and KRW 5 million on interest monthly.

Meanwhile, under the joint and several guarantee of C, the Plaintiff loaned KRW 10,70,000 to E in total from April 7, 2009 to December 23, 2010. The Plaintiff filed a lawsuit against C in this Court Decision 2012Gau924623 to pay 9,98,904 won and the amount calculated by the rate of 20% per annum from October 1, 201 to December 22, 2012, and 30% per annum from the next day to the date of full payment. The decision was finalized on January 8, 2013.

However, on December 24, 2013, the Defendant sold the instant building to F, a spouse of C, and completed the registration of ownership transfer, and deducted the instant lease deposit from the purchase price.

On the other hand, C applied for individual rehabilitation on December 26, 2013 by Busan District Court 2013 Doo54285 and the procedure is in progress.

[Reasons for Recognition] A.1-11 Facts without dispute, each entry, the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Defendant, the transferee of the right to return the lease deposit of this case, and the Defendant’s acquisition amounting to KRW 50 million and its related to the building of this case to F.

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