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(영문) 서울중앙지방법원 2017.08.10 2016가단25834
양수금
Text

1. As to KRW 44,349,485 and KRW 42,167,153 among the Plaintiff, the Defendant shall have 34% per annum from February 22, 2016 to the full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 14 (including paper numbers), Eul evidence 4 and 6 and the entire purport of the pleadings:

On December 13, 201, the Defendant leased to B, on December 13, 2011, a rental deposit of KRW 200,000,000 from January 1, 2012 to December 31, 2018, the rent of KRW 7,00,000,000 from January 1, 201 to December 31, 2013, and from January 1, 201 to December 31, 2018, the rent of KRW 10,000 from January 1, 2014 to December 31, 2018.

(hereinafter referred to as “the instant lease” and “the instant lease deposit”) B.

B around January 23, 2015, around 2015, transferred the claim for the refund of the instant lease deposit amounting to KRW 200,000,000 to the Plaintiff to secure the obligation owed to the Plaintiff. At that time, the Defendant consented to the transfer of the above lease deposit claim.

C. B borrowed 30,00,000 won from the Plaintiff on January 28, 2015 at the interest rate of 29% per annum and interest rate of 34% per annum, and the said loan debt remains 20,849,677 won as of August 31, 2015.

B borrowed KRW 50,00,00 from the Plaintiff on August 31, 2015 at an annual interest rate of 29% and interest rate of 34% per annum. Of the above borrowed amounts, KRW 20,849,677 of the above borrowed amounts was appropriated for the repayment of the borrowed amount on January 28, 2015, and the Plaintiff’s obligation to the Plaintiff remains in KRW 42,167,153, interest rate of KRW 2,136,141, late interest rate of KRW 46,191, total of KRW 44,349,485, as of February 22, 2016 as of August 31, 2015.

On December 30, 2015, the Defendant returned KRW 100,000,000 out of the instant rental deposit to B, and on January 2, 2016, terminated the instant lease under the agreement between B and B.

2. The assertion and judgment

A. According to the above facts, the Plaintiff acquired the claim for refund of KRW 200,000,000 from B to the Defendant, and the Defendant, the garnishee, consented to the assignment of the above claim.

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