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(영문) 대전지방법원천안지원 2016.08.17 2015가단17407
손해배상(기)
Text

1. The Plaintiff, Defendant B, and C shared KRW 40,00,000, and Defendant D jointly with Defendant B and C, respectively, and 20,000 out of the said money.

Reasons

1. Facts of recognition;

A. The status of the parties is that the Plaintiff is a person who engages in credit business with the trade name of E Loan, and Defendant C, the mother of Defendant B and Defendant B, respectively, is the lessee and the immediately preceding lessee of the real estate indicated in the separate sheet (hereinafter “instant apartment”), and Defendant D concurrently the owner and lessor of the instant apartment.

B. On March 4, 2010, Defendant C entered into a lease agreement between Defendant D and Defendant D with respect to the instant apartment (hereinafter “previous lease agreement”) between March 15, 2010 and March 15, 2012 (hereinafter “previous lease agreement”).

(2) On March 15, 2010, Defendant C borrowed KRW 42 million from New Capital Co., Ltd. (hereinafter “Co., Ltd.”) on June 14, 201, and transferred the right to refund the lease deposit amount of KRW 60 million to Defendant D to New Capital.

On the same day, new capital has been delegated with the authority to notify the assignment of claims by Defendant C, and notified Defendant D of the assignment of claims by means of content-certified mail with a fixed date date.

3) Defendant B jointly and severally guaranteed Defendant C’s obligation to borrow a loan from Defendant C’s new capital. C. Around March 2012, Defendant B and C presented the original of the previous lease agreement to Defendant D, and the lessee was requested to change the lessee from Defendant C to Defendant B.

2. Defendant D believed that, upon Defendant B and C’s presentation of the original of the previous lease agreement, the borrowed loan to the new loan capital was repaid, and around March 15, 2012 when the previous lease agreement expires with Defendant B, it is substituted for the payment of the lease deposit with the lease deposit under the previous lease agreement.

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