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(영문) 인천지방법원 2020.05.20 2019가단257435
양수금
Text

1. Defendant D shall deliver to Defendant E the real estate listed in the attached list of real estate.

2. Defendant E is from Defendant D.

Reasons

1. Facts of recognition;

A. On September 14, 2017, Defendant D agreed to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant E with the lease term from September 3, 2017 to September 2, 2019, the deposit amount of KRW 10,000,00, and the monthly rent of KRW 700,000, respectively (hereinafter “instant lease contract”), and the deposit money is paid around that time, and the instant real estate is handed over and possessed.

B. On January 18, 2018, Defendant D was leased KRW 3,000,000 from the Plaintiff on January 31, 2023 as of the expiration date of the loan; the interest rate was 27.9% per annum; and the interest rate in arrears was 27.9% per annum.

C. On January 18, 2018, Defendant D transferred KRW 3,000,00 among the instant lease deposit to the Plaintiff. In the event that the period of residence of the instant real estate is extended, the Defendants may extend the monetary loan contract by means of creating a new lease contract and submitting documents requested by the Plaintiff. However, in the event that the lease contract is terminated or the director of a new object is made within the period of a monetary loan contract, the Plaintiff agreed to exercise the right to claim the return of the lease deposit against Defendant E if the Plaintiff did not submit all the documents requested by the Plaintiff within seven days from the expiration date of the lease contract or from the contract date of a new object (a new lease contract, etc.).

On the other hand, Defendant D transferred the claim for return of KRW 3,00,000 out of the lease deposit of this case to F Co., Ltd. (hereinafter “F”), in addition to the Plaintiff, and FF consented to the notification of the assignment of claims as the representative transferee.

E. On February 1, 2018, F obtained a fixed date on the notice of assignment of claims that total of KRW 6,000,000 among the claims for the return of the lease deposit of this case to Plaintiff and F. On December 13, 2018, F sent the said notice of assignment of claims to Defendant E. On December 13, 2018, and the said notice of assignment of claims reached Defendant E on December 18, 2018.

[Reasons for Recognition] Gap evidence No. 1-7 and Eul evidence No. 1.

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