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(영문) 서울중앙지방법원 2017.08.11 2017가단10105
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2, 2015, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), with the term of KRW 16,490,00, monthly rent of KRW 96,730, and the term of lease from December 2, 2015 to January 31, 2018.

(hereinafter “Lease of this case”). (b)

around December 7, 2015, MSS Mutual Savings Bank (hereinafter “SS Bank”) granted a loan to Defendant A at the rate of 9.9% per annum on January 31, 2018 (hereinafter “instant loan”). The secured loan was transferred by Defendant A’s right to return the said lease deposit that Defendant A has against the Defendant Corporation.

Accordingly, the non-party bank was delegated with the authority to notify the assignment of claims by the defendant A and notified the defendant Corporation of the assignment of claims on or around December 7, 2015, and the above assignment of claims reached the defendant Corporation at that time.

C. Defendant A delayed repayment of the principal and interest of the instant loan obligation and lost the benefit of time on July 5, 2016. On November 30, 2016, Nonparty A transferred the instant loan claim and the instant lease deposit claim, which is the said security, to the Plaintiff, and notified the Defendants thereof.

On December 6, 2016, the Plaintiff requested Defendant Corporation to not extend the term of the instant lease agreement by content-certified mail, and on the other hand, Defendant A demanded Defendant A to repay the principal and interest of the instant loan obligations and notified Defendant Corporation of the said request.

[Ground for Recognition] Defendant A: The fact that there is no dispute, each entry in the evidence Nos. 1 through 8 (including the provisional number), and the purport of the whole pleadings, as a whole, that the confession is made (Article 208(3)2 of the Civil Procedure Act)

2. The plaintiff's assertion and judgment

A. The plaintiff is the creditor who takes over the claim to return the lease deposit of this case, and is the defendant Corporation based on the creditor's subrogation right.

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