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(영문) 서울북부지방법원 2015.04.28 2014가단35409
양수금 및 건물명도
Text

1. Defendant A shall deliver to Defendant B the real estate listed in the separate sheet.

2. Defendant B shall be attached to Defendant A.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) on May 21, 2005, Defendant A leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B as the lease deposit amount of KRW 60 million, and the lease period of KRW 24 months from July 1, 2005 and KRW 100,000,000 for monthly rent.

(2) On June 10, 2009, Defendant A transferred his claim for the return of the above lease deposit to the Plaintiff, and notified Defendant B of the assignment of the claim.

On the other hand, Defendant B accepted the transfer of the lease deposit to the Plaintiff on the same day.

(3) On June 10, 2009, the Plaintiff: (a) lent KRW 28,806,932 by subrogation to Defendant A’s New Capital Co., Ltd.; and (b) lent KRW 35 million by paying KRW 6,193,068; (c) between Defendant A and Defendant A at an annual interest rate of KRW 36% per annum; and (d) at an interest rate of KRW 49% per annum, the Plaintiff agreed to set the lease deposit repayment claim of KRW 60,000,000.

Since then, the loan transaction agreement was changed to 30% per annum on September 10, 2010, to 49% per annum on overdue interest rate, 20.4% per annum on December 12, 2013, and 39% per annum on overdue interest rate.

(4) Defendant A paid a total of KRW 51,409,00 to the Plaintiff. Of the above amounts, KRW 434,820 was paid to the principal; and KRW 50,974,180 was paid to the Plaintiff, respectively.

As a result, until September 3, 2014, the obligation to pay KRW 70,938,907 out of the total amount of 121,913,087 according to the above interest rate and overdue interest rate was discharged.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional number), the purport of the whole pleadings

B. (1) It is difficult to view that the lessee’s right to terminate the lessee’s right to terminate the lessee’s lease agreement constitutes one-way right on the exercise of the lessee’s right to terminate the lease agreement (see Supreme Court Decision 2006Da82700, 82717, May 10, 2007). The lessee’s right to terminate the lease agreement should be prior to the lessee’s transfer in order to claim the performance of the lease deposit that the lessee acquired.

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