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(영문) 울산지방법원 2018.05.23 2017가단20349
양수금 등
Text

1. Defendant B shall order Defendant B to the Ulsan Metropolitan City Urban Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On August 1, 2014, Defendant Ulsan Metropolitan City Urban Corporation (hereinafter referred to as “Defendant Corporation”) determined and leased the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to Defendant B as the lease deposit amount of KRW 24.9 million, monthly rent of KRW 300,000,000, and the period of “two years from the date of initial designation of occupancy”.

[A] On April 7, 2016, the Plaintiff loaned KRW 11 million to Defendant B at the interest rate of 1.9% per annum (2.3% per annum) and on April 7, 2018.

At the time, ‘two times of delinquency in payment of interest' was agreed to lose the benefit of time.

[1] In order to secure the above loan obligation, Defendant B transferred to the Plaintiff the lease deposit amount of KRW 24.9 million under the lease agreement concluded with the Defendant on the same day with respect to the instant real estate.

[A] On April 8, 2016, Defendant B notified Defendant B of the assignment of the above assignment to Defendant Corporation, and served Defendant B on or around that time.

[A] Defendant B paid only interest on June 2016 and did not pay the interest accrued thereafter.

On June 21, 2017, the Defendants concluded a renewal contract to extend the lease term from June 21, 2017 to May 28, 2019 with respect to the instant real estate.

As of the date of closing argument of this case, the details of monthly rent and management expenses (total 868,710 won) in arrears by Defendant B as of the date of closing argument of this case are as follows:

[B] B/1, 2] . - Rent: 623,470 won - Management Expenses: 245,240 won

2. After the lessor is notified of the transfer of the claim for the refund of the deposit, even if the lessor and the lessee have made an explicit or implied agreement on the renewal of the lease contract or extension of the contract term, the effect of the agreement shall not affect the transferee of the deposit.

(See Supreme Court Decision 88Meu4253, 4260 Decided April 25, 1989). As seen earlier, Defendant B paid KRW 24.9 million to the Plaintiff on April 7, 2016.

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