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(영문) 서울중앙지방법원 2018.06.14 2017가단21839
양수금
Text

1. As to KRW 123,846,289 and KRW 121,38,070 among them, the Defendant shall annually pay to the Plaintiff KRW 123,846,289 from June 20, 2017 to June 14, 2018.

Reasons

1. Facts of recognition;

A. On November 22, 2010, the Defendant and the Intervenor entered into a lease agreement with the Defendant and Seoul Metropolitan Government, setting the lease deposit of KRW 185,00,000 and the lease period of KRW 185,00,000, and the lease period from December 5, 2010 to December 5, 2012.

(B) The Defendant’s Intervenor’s claim for the return of the lease deposit against the Defendant under the above lease agreement (hereinafter “instant lease deposit claim”).

On April 29, 2011, the Defendant: (a) borrowed KRW 10,00,000 from New Gapo Capital Co., Ltd. (hereinafter “New Gapo Capital Loan”); (b) transferred the instant lease deposit claim to the Nonparty Company for the purpose of securing the said loan obligation; and (c) notified the Defendant of the fact of transfer on May 4, 201.

On May 31, 2011, the Intervenor additionally borrowed KRW 14,000,000 from the non-party company.

C. Since then, on October 2012, the non-party company transferred to the Plaintiff the right to return the lease deposit of this case, and notified the Defendant of the transfer on October 26, 2012. On October 11, 2013, the non-party company transferred the above loan claim against the Intervenor joining the Defendant to the Plaintiff.

【Ground of recognition】 Evidence Nos. 1, 2-1, 2, 3, 4, 5-1, 2, 6-1, 2, and 6-2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to refund the lease deposit of this case to the plaintiff, who is the final transferee of the right to return the lease deposit of this case, unless there are special circumstances.

B. As to this, the Defendant transferred the claim for the refund of the lease deposit of this case to secure the loan obligation against the non-party company, the Plaintiff is entitled to the scope of the above loan obligation, that is, the amount of interest calculated by deducting interest from the non-party company and actually borrowed principal amount of KRW 21,60,000 and interest calculated in accordance with the Interest Limitation Act.

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