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(영문) 대전지방법원 2015.06.25 2013가단50999
양수금등
Text

1.(a)

Defendant C is one of the categories of the attached specifications Nos. 2, 3, 4, 5, and 2 among the real estate listed in the attached list to Defendant B.

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:

On November 22, 2011, Defendant B: (a) attached Table 2, 3, 4, 5, and 2, connected Defendant C with each point of the attached Table 2, 3, 4, 5, and 2 in sequence; (b) part of 67 square meters on the third floor (hereinafter “instant real estate”) in the attached Table 2, 3, 4, 5, and 2; (c) from November 23, 2011 to November 22, 2013; (d) leased the pertinent real estate as KRW 350,00 won, monthly management expenses, and deposit KRW 3,000,000; and (e) Defendant C paid all the deposit.

B. As to Defendant C’s father, the Plaintiff had a check number of KRW 4.6 million ( check number E, KRW 1.6 million, KRW 1.6 million, KRW G 10 million, and KRW H 10 million).

The Plaintiff returned 1.6 million won in the above list of units to D, and the Plaintiff concluded a monetary loan agreement with Defendant C on February 17, 2012, taking into account the Plaintiff and the debtor’s loan amounting to KRW 25 million with Defendant C and the debtor as D, and the due date for payment on August 17, 2012, taking into account the loan amounting to KRW 1.6 million with interest claim for the above amount of KRW 4.6 million, the Plaintiff drafted a monetary loan agreement with Defendant C on February 17, 2012, with the content that Defendant C transfer the above lease deposit refund claim against Defendant B to the Plaintiff and notify the same to Defendant B.

C. Defendant C prepared a notice of assignment of claims on February 17, 2012, the Plaintiff sent it to Defendant B by mail, and the said notice reached Defendant B on February 20, 2012.

The amount to be deducted from the lease deposit to be returned by Defendant B, a lessor, including the overdue rent, is KRW 15 million as of May 21, 2015, which is the closing date of pleadings.

2. According to the above recognition, the lease contract between Defendant B and Defendant C is terminated.

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