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(영문) 서울중앙지방법원 2018.06.28 2017가단5134754
양수금
Text

1. Defendant A shall deliver to the Dongdong Housing Co., Ltd. the real estate listed in the separate sheet.

2. The defendant corporation.

Reasons

1. Basic facts

A. On January 12, 2016, Defendant Dongdong Housing Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant Co., Ltd. with regard to the real estate listed in the separate sheet (hereinafter “the instant real estate”) with the Defendant Co., Ltd., for the deposit amount of KRW 91,00,000 (hereinafter “the instant lease deposit”), monthly rent of KRW 350,000, and the lease period from January 21, 2016 to January 20, 2017. At the same time, Defendant A paid the deposit amount of KRW 54,00,000 (hereinafter “the instant deposit amount”) in a lump sum in lieu of monthly rent to be paid each month under the instant lease agreement, and the deposit period of the deposit amount was the “one year from the date of initial designation of occupancy” (hereinafter “the instant deposit agreement”).

B. On December 12, 2016, Defendant A entered into a credit transaction agreement (hereinafter “instant loan agreement”) with a repayment period of KRW 174 million from the Plaintiff with a maturity of two years, and on the same day, Defendant A entered into a contract with the Defendant Company to transfer a claim to the Plaintiff (hereinafter “instant contract for assignment of claims”) with the total amount of KRW 145 million (i.e., KRW 91 million + KRW 54 million + KRW 54 million), which it owns against the Defendant Company to secure the performance of obligations under the instant loan agreement. On the same day, Defendant A notified the Defendant Company of the fact of the said assignment of claims by content-certified mail, and the said notification reached the Defendant Company on December 13, 2016.

C. Meanwhile, where Defendant A fails to repay the principal and interest of a loan until the due date for repayment of the loan or the due date is lost on December 12, 2016, which entered into the instant loan agreement, Defendant A terminated the instant lease agreement and delivered the instant real estate even before the expiration of the lease term so that the Plaintiff may directly refund the deposit and the money deposited.

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