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(영문) 서울중앙지방법원 2016.11.24 2016가합520503
공탁금출급청구권확인의 소
Text

1. The Plaintiff’s lawsuit against the Defendant, Inc., Korea Standards Bank is dismissed;

2. The plaintiff and the defendant.

Reasons

1. Basic facts

A. 1) Co., Ltd. (hereinafter “C”) (hereinafter “instant lease agreement”)

Around August 20, 2009, D around August 20, 2009, the Yongsan-gu Seoul Metropolitan Government and F ground G food 10 stories 6 (hereinafter “instant store”).

(B) From October 8, 2009 to October 31, 2014, the lease deposit amount was leased with KRW 900 million (No. 3; hereinafter “the lease of this case”).

2) Article 4(5) of the instant lease agreement provides that “D may not assert that it is appropriated for the payment of all other obligations to C, such as monthly rent and the various expenses to be paid under this contract with a security deposit, and it shall not transfer or sublease the right to claim a refund of a security deposit, the right to claim a refund of a security deposit, and the right to claim a refund under this contract to another person or create a pledge or other security rights thereon without prior approval of C.”

(hereinafter “instant non-assignment agreement”). D paid to C a deposit of KRW 900 million under the instant lease agreement, and sublet the instant store to Lonebucks and coffee Korea with the consent of C on September 28, 2009. Meanwhile, H Co., Ltd. (hereinafter “H”) (hereinafter “instant non-assignment agreement”).

(B) On October 18, 2010, H acquired the status of lessee from D with the consent of C. B. On January 13, 2011, H transferred the claim for the refund of the lease deposit of this case to Defendant Korea Standards (hereinafter “Defendant bank”) and notified C of the transfer of the claim on February 8, 2011.

2) On June 2012, H transferred again the claim to return the lease deposit of this case to the Plaintiff, and sent content-certified mail notifying the assignment of claims to C on July 9, 2012, and the said notice reached C on July 10, 2012 (hereinafter “transfer of claims”).

3) On December 15, 201, H transferred the instant lease deposit claim to I on December 15, 201, and transferred the claim to C on August 2, 2012.

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