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1. On April 23, 2018, concerning claims for refund of lease deposit stated in the separate sheet between the defendant and C.
Reasons
Facts of recognition
On October 18, 2012, the Plaintiff respectively performed the loan of KRW 10,00,000 to C, the principal of KRW 10,000,000 on February 15, 2016, and KRW 38,00,000 on November 2, 2017, and C lost its interest due to delay in repayment of the principal and interest of KRW 38,00,00 on November 2, 2017.
The amount of claims, such as the principal and interest of loans, etc. that the Plaintiff acquired to C as a result of the Plaintiff’s implementation of the loan is KRW 22,532,181 as of November 12, 2018.
C On October 25, 201, from D on October 25, 2011, the lease deposit amount of KRW 130,000,000, and the lease term of KRW 130,000 from Nam-gu, Busan, and F was set from D to November 1, 2011.
Since November 1, 2013, the above lease contract was renewed, and on April 23, 2018, the lease term was set from May 1, 2018 to April 30, 2020, and the lease contract changed the lessee’s name to the defendant (hereinafter “instant lease contract”).
At the time of the formation of the lease agreement of this case, C did not have any other property except the above lease deposit repayment claim.
[Ground of recognition] Fact-finding, Gap evidence Nos. 1 through 6, fact-finding with respect to the other head of the Busan Metropolitan City of Busan Metropolitan City, and fact-finding with respect to the purport of the whole pleadings, it is reasonable to deem that C concluded a contract under which the claim for return of lease deposit was transferred to the defendant by changing the lessee’s name of the lease agreement as the defendant on October 25, 201 (hereinafter “instant contract for acquisition of lease deposit”). Since C’s transfer of the claim for return of the above lease deposit to the defendant, which is one of its sole property, to the defendant constitutes a fraudulent act detrimental to the plaintiff who is a general creditor, barring any special circumstances, as it reduces the property liable to the general creditor, and thus, it is presumed that C and the defendant’s intention
Therefore, the amount of claims, such as the Plaintiff’s above principal and interest of loan, are 2,532,181 won, which is the amount of preserved credit.