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(영문) 인천지방법원 2020.01.15 2019가단234142
양수금
Text

1. Defendant D shall deliver to Defendant E and F the real estate listed in the separate sheet.

2. Defendant E and F are from Defendant D.

Reasons

1. Facts of recognition;

A. On January 29, 2016, Defendant D entered into a lease agreement with Defendant E and F on the lease deposit of KRW 10,000,000, monthly rent of KRW 400,000, and the lease term of February 26, 2016 to February 26, 2018 (hereinafter “instant lease agreement”). The said lease deposit was paid to Defendant E and F around that time.

B. On January 6, 2017, the Plaintiff loaned KRW 3,000,000 to Defendant D at an annual interest rate of 27.9%, interest rate of arrears rate of 27.9% per annum, and January 31, 2018.

C. On January 6, 2017, Defendant D transferred KRW 6,000,000, out of the lease deposit claims against Defendant E and F (hereinafter “instant lease deposit claim”) to the Plaintiff in order to secure the payment of the said loan.

On August 3, 2017, the Plaintiff delegated the power to notify the assignment of claims by Defendant D with the notification of the assignment of claims to Defendant E and F and reached around that time.

Defendant D did not pay the principal and interest of the loan to the Plaintiff even after the loan period expires.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1-7, and the purport of whole pleading

2. Determination as to the cause of action

A. The Plaintiff’s assertion is the assignee of the claim for payment of KRW 3,00,000, out of the claim for the return of the lease deposit of this case to Defendant E and F, and the claim for the delivery of the leased object against Defendant D, who is concurrently performed for the purpose of claiming the performance.

B. According to the facts of the above recognition, the Plaintiff received the claim for the return of the lease deposit of this case from the Plaintiff lawfully, and the lease contract of this case expired on February 26, 2018. Thus, Defendant D delivers the apartment of this case to Defendant E and F, and Defendant E and F jointly shared with the delivery of the apartment of this case from Defendant D, while Defendant E and F shared with the delivery of the apartment of this case from Defendant D.

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