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(영문) 춘천지방법원영월지원 2015.05.20 2014가단4373
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 20% per annum from December 16, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 19, 2007, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50 million with respect to the building No. 203 (hereinafter “instant building”) owned by the Defendant, from October 15, 2007 to October 14, 2009, and around that time, C paid a deposit amount of KRW 50 million to the Defendant.

B. From October 15, 2007, the Plaintiff started to use the instant commercial building on delivery, and on November 7, 2007, the location of the instant commercial building and the trade name as “E” filed an application for business registration with the competent authority.

C. As to the instant commercial building, on April 25, 2003, the registration of creation of a mortgage consisting of the debtor FF, the mortgagee, the bank of Korea, the maximum debt amount of KRW 432,00,000,000, the registration of creation of a mortgage consisting of the debtor, the debtor, the mortgagee G, and the maximum debt amount of KRW 200,000,000,000, the registration of creation of a mortgage consisting of KRW 13, 200,000,000,000,000,000 won.

G purchased the instant commercial building on October 28, 2008 at the voluntary auction procedure after receiving a decision to commence voluntary auction from the Incheon District Court H based on the right to collateral security on the instant commercial building on February 14, 2008.

E. On August 19, 2014, C transferred to the Plaintiff the right to refund the lease deposit amounting to KRW 50 million against the Defendant, and notified the Defendant of the said transfer by means of content-certified mail on April 7, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The defendant did not receive the notification of the assignment of claims from C. Thus, the defendant's defense to the effect that the plaintiff, not the assignee, is not a party standing.

However, standing to sue in the same performance lawsuit as the lawsuit in this case has the right to demand performance, which is a subject matter of lawsuit.

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