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(영문) 대전지방법원천안지원 2014.10.17 2014가합100590
채권양수금 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 20% per annum from April 16, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. D is the shape of the Intervenor joining the Defendant, and D decided from the Defendant to rent KRW 390,000,000 deposit money (F, G apartment, hereinafter “instant real estate”) Nos. 2602 (F, G apartment, hereinafter “instant real estate”) to the Defendant, but only the lessee of the lease contract was decided as the Intervenor joining the Defendant.

(B) The instant lease agreement between the Defendant and the Defendant on the instant real estate entered into between the Defendant’s Intervenor and the Defendant (hereinafter “instant lease agreement”).

D In accordance with the instant lease agreement, D paid the Defendant a deposit of KRW 390,000,000 to the Defendant, and began to reside in the instant real estate.

C. Among them, the instant lease term expired, and D or the Defendant joining the Defendant retired from the instant real estate on December 27, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 4, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion from the Defendant’s Intervenor, and the Defendant’s Intervenor transferred KRW 110,00,000, out of the lease deposit to be paid by the Defendant upon the expiration of the instant lease agreement, and the instant lease agreement terminated upon the expiration of the period. As such, the Defendant is obligated to pay the Plaintiff, the assignee of the claim, the amount of KRW 110,00,000.

B. Since the assignment of claims between the Defendant and the Intervenor’s Intervenor’s assertion was not concluded, the Plaintiff’s claim in this case is without merit.

3. In full view of the overall purport of the statements and arguments stated in Gap evidence Nos. 2, 5, 6, 8, and 9, the plaintiff prepared a letter of claim transfer transfer and takeover with the defendant's representative among the lease deposit that the defendant should receive from the defendant at the expiration of the lease contract term of this case, and the plaintiff's letter of claim transfer and takeover with the plaintiff's seal and D.

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