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(영문) 제주지방법원 2018.05.31 2017가단55116
임대차보증금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 31, 2016, Defendant Korea Land and Housing Corporation: (a) leased the instant real estate to Defendant B by setting the rental deposit of KRW 12,097,00 (hereinafter “instant rental deposit”); (b) KRW 85,250 per month; and (c) the rental period from September 1, 2016 to August 31, 2018; and (d) Defendant B paid the said rental deposit to the Defendant Korea Land and Housing Corporation and resides in the instant real estate.

B. On December 30, 2016, Defendant B borrowed KRW 8,000,00 from the Plaintiff and transferred the instant claim for the refund of the instant lease deposit to the Plaintiff as a security for the said loan. If the Plaintiff loses the benefit of the due date for the repayment of the loan, Defendant B also prepared an explanation to the effect that the Plaintiff would deliver the instant real estate to the Korea Land and Housing Corporation even before the expiration of the due date, so that the Plaintiff may receive the refund of the instant lease deposit from the Defendant Korea Land and Housing Corporation.

C. On January 31, 2017, Defendant B notified Defendant Korea Land and Housing Corporation of the transfer of the instant claim for the refund of the deposit deposit to the Plaintiff, and the said notification was served on February 1, 2017 with Defendant Korea Land and Housing Corporation.

On the other hand, on November 15, 2017, the Plaintiff issued a pledge to D Co., Ltd. on the entire claim for the refund of deposit in this case, notified the Defendant Korea Land and Housing Corporation of the establishment of the pledge on the 16th of the same month, and the Defendant Korea Land and Housing Corporation received the above notice on the 17th of

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination:

A. The Plaintiff asserts that, in determining the claim against Defendant B, Defendant B lost the benefit of time as to the return of borrowed money on March 16, 2017, the Plaintiff is obligated to order the Korea Land and Housing Corporation to order the instant real estate in accordance with the agreement.

It can be recognized that Defendant B lost the benefit of time for the return of borrowed money.

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