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(영문) 서울서부지방법원 2014.12.11 2014가단16770
양수금
Text

1. The Defendant’s KRW 18,140,00 for the Plaintiff and KRW 5% per annum from February 24, 2014 to December 11, 2014.

Reasons

1. Basic facts

A. On February 26, 2011, B entered into a lease agreement with the Defendant with the terms “50,000,000 won for lease deposit, and from February 26, 2011 to February 25, 2013,” with respect to the building on the land of Jung-gu Incheon Metropolitan City.

B. B transferred to the New Capital Co., Ltd. (hereinafter “New Capital”), the right to return the lease deposit against the Defendant to secure the loan amounting to KRW 25,000,000 and its interest or delay damages, and the New Capital Co., Ltd. notified the Defendant of the transfer of the claim on March 14, 201.

C. On November 19, 201, B transferred KRW 23,818,800 to the Plaintiff, among the claims to return the lease deposit against the Defendant, and notified the Defendant on February 25, 2013.

On March 19, 2013, the Defendant paid the principal amount of KRW 29,172,133 (=the principal amount of KRW 25,00,000 overdue interest of KRW 4,172,133) to the New Capital Capital on the same day, and received notification from the New Capital Capital that the effect of the assignment of claim has ceased.

E. Around March 27, 2013, the Defendant paid KRW 2,687,867 to the Plaintiff.

[Reasons for Recognition: Each entry of Gap evidence 1 to 3, Eul evidence 1, 3, 4, 8 through 12 (including each number), and the purport of the whole pleadings]

2. According to the above facts, the defendant is obligated to pay to the plaintiff the remaining 20,827,867 won (=50,000,000-29,172,133 won) which the plaintiff had already paid 2,687,867 won to the plaintiff, except in extenuating circumstances, after deducting 2,687,867 won from the remainder of the lease deposit that the plaintiff had already received by the plaintiff as Eul.

In regard to this, the Defendant agreed to receive KRW 200,000 as monthly rent, instead of reducing the lease deposit of KRW 10,000,000 between B and B on September 15, 2011, and returned KRW 9,800,000, which deducts KRW 200,000 from monthly rent of KRW 10,000,000, but did not receive a monthly rent from B thereafter, as such, the Defendant did not receive a reduced amount of KRW 10,00,000 and KRW 15 months.

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