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(영문) 광주지방법원순천지원 2015.11.04 2015가단10268
양수금 등
Text

1. Defendant A shall deliver to Defendant A the apartment indicated in the separate sheet to Defendant B.

2. Defendant B Co., Ltd.

Reasons

1. The following facts are recognized as either of the facts in dispute between the parties or as a whole together with the purport of the entire pleadings in each entry in Gap evidence 1 to 4:

A. On April 10, 2014, Defendant A leased an apartment as indicated in the order (hereinafter “instant apartment”) from Defendant B Co., Ltd. (hereinafter “Defendant Company”) by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 210,000,000, and the lease term from May 29, 2014 to May 28, 2015.

B. On July 7, 2014, Defendant A received from the Plaintiff a rental deposit loan of KRW 30 million from the Plaintiff, and transferred to the Plaintiff the right to refund the said lease deposit to the Defendant Company to secure this. The Defendant Company was notified of the transfer of the claim by the Defendant A on July 9, 2014.

2. Determination

A. According to the above facts of recognition as to the claim against the defendant A, since the obligation to pay the principal and interest of loan to the plaintiff of the defendant A has come due, the defendant A is obligated to deliver the apartment of this case to the defendant company as the plaintiff seeks by subrogation of the defendant company.

(B) Since the Defendant Company’s obligation to pay the acquisition price to the Plaintiff and the Defendant Company’s obligation to deliver the instant apartment to the Defendant Company simultaneously is in the simultaneous performance relationship, the Plaintiff is deemed to need to subrogate the Defendant Company to preserve its claim for its acquisition price).

According to the facts of the above recognition as to the claim against the defendant company, the defendant company is obligated to pay the amount equivalent to the above lease deposit to the plaintiff who acquired the right to return the lease deposit with respect to the above apartment at the same time as the transfer of the apartment of this case from the defendant A,

In this regard, the defendant company asserts that the remaining lease deposit is to be refunded to the plaintiff after deducting the rent, management fee, late payment charge, etc. borne by the defendant A.

Modern, lease deposit.

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