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1. The Defendants: (a) deposited by C in Seoul Central District Court No. 17657 on August 25, 2017 78,694,260 won.
Reasons
1. Facts of recognition;
A. On April 30, 2013, Defendant B entered into a lease agreement with C on April 30, 2013 with respect to the housing of 3rd floor (D), the deposit amount of which is KRW 80 million, and paid KRW 80,000,000 to C.
The above lease contract terminated on April 30, 2017.
B. On June 2, 2015, Defendant B agreed to transfer the lease deposit claim against C (hereinafter “instant lease deposit claim”) in order to secure the Plaintiff’s obligation to borrow a loan amounting to KRW 80,000,000 as of June 2, 2015, Defendant B agreed to transfer the lease deposit claim against C (hereinafter “instant lease deposit claim”), and the Plaintiff prepared a notarial deed of the contract for repayment of obligation by means of security for collateral transfer to the Plaintiff.
On June 3, 2015, Defendant B notified C of the assignment of claims by means of content-certified mail with a fixed date date.
C. On June 2, 2015, Defendant Newwon Co., Ltd., and on January 4, 2017, and on March 14, 2017, it was notified that the Plaintiff acquired the claim for the refund of the instant lease deposit from the Smart Loan Co., Ltd., and on March 14, 2017, it was not known that the Plaintiff was a genuine creditor. Accordingly, pursuant to the latter part of Article 487 of the Civil Act, the deposited lease deposit money remaining as Seoul Central District Court Decision 78,694,260 won (hereinafter “instant deposit”) with the Plaintiff or Defendant Smart Loan Co., Ltd., pursuant to the latter part of Article 487 of the Civil Act.
[Ground of recognition] As to Defendant 1 and 3: Each entry in the evidence No. 1 and No. 11 (including the number of branch numbers) and the whole purport of the oral proceedings against Defendant 2 (Article 150(3) and Defendant 2
2. Determination as to the claim against Defendant Smart Loan Co., Ltd. and B
A. The Plaintiff, who indicated the claim, acquired the claim to return the lease deposit of this case from Defendant B, and the Defendant B notified C of the transfer of the claim by means of content-certified mail with a fixed date date.
C has deducted the replacement cost due to the damage of the goods from the lease deposit of this case.